[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[House]
[Pages H10383-H10476]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 3010, DEPARTMENTS OF LABOR, HEALTH AND HUMAN 
 SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2006

  Mr. LEWIS of California (during the Special Order of Mr. Bartlett of 
Maryland) submitted the following conference report and statement on 
the bill (H.R. 3010) making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2006, and for other purposes.

                  Conference Report (H. Rept. 109-300)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3010) ``making appropriations for the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies for the fiscal year ending September 30, 2006, and 
     for other purposes'', having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Labor, Health and Human Services, and Education, and 
     Related Agencies for the fiscal year ending September 30, 
     2006, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

                        (including rescissions)

       For necessary expenses of the Workforce Investment Act of 
     1998, the Denali Commission Act of 1998, and the Women in 
     Apprenticeship and Non-Traditional Occupations Act of 1992, 
     including the purchase and hire of passenger motor vehicles, 
     the construction, alteration, and repair of buildings and 
     other facilities, and the purchase of real property for 
     training centers as authorized by the Workforce Investment 
     Act of 1998; $2,652,411,000 plus reimbursements, of which 
     $1,688,411,000 is available for obligation for the period 
     July 1, 2006 through June 30, 2007; except that amounts 
     determined by the Secretary of Labor to be necessary pursuant 
     to sections 173(a)(4)(A) and 174(c) of the Workforce 
     Investment Act of 1998 shall be available from October 1, 
     2005 until expended; and of which $950,000,000 is available 
     for obligation for the period April 1, 2006 through June 30, 
     2007, to carry out chapter 4 of the Workforce Investment Act 
     of 1998; and of which $8,000,000 is available for the period 
     July 1, 2006 through June 30, 2009 for necessary expenses of 
     construction, rehabilitation, and acquisition of Job Corps 
     centers: Provided, That notwithstanding any other provision 
     of law, of the funds provided herein under section 137(c) of 
     the Workforce Investment Act of 1998, $282,800,000 shall be 
     for activities described in section 132(a)(2)(A) of such Act 
     and $1,193,264,000 shall be for activities described in 
     section 132(a)(2)(B) of such Act: Provided further, That 
     $125,000,000 shall be available for Community-Based Job 
     Training Grants, which shall be from funds reserved under 
     section 132(a)(2)(A) of the Workforce Investment Act of 1998 
     and shall be used to carry out such grants under section 
     171(d) of such Act, except that the 10 percent limitation 
     otherwise applicable to the amount of funds that may be used 
     to carry out section 171(d) shall not be applicable to funds 
     used for Community-Based Job Training grants: Provided 
     further, That funds provided to carry out section 
     132(a)(2)(A) of the Workforce Investment Act of 1998 may be 
     used to provide assistance to a State for State-wide or local 
     use in order to address cases where there have been worker 
     dislocations across multiple sectors or across multiple local 
     areas and such workers remain dislocated; coordinate the 
     State workforce development plan with emerging economic 
     development needs; and train such eligible dislocated 
     workers: Provided further, That $7,936,000 shall be for 
     carrying out section 172 of the Workforce Investment Act of 
     1998: Provided further, That $982,000 shall be for carrying 
     out Public Law 102-530: Provided further, That, 
     notwithstanding any other provision of law or related 
     regulation, $80,557,000 shall be for carrying out section 167 
     of the Workforce Investment Act of 1998, including 
     $75,053,000 for formula grants, $5,000,000 for migrant and 
     seasonal housing (of which not less than 70 percent shall be 
     for permanent housing), and $504,000 for other discretionary 
     purposes, and that the Department shall take no action 
     limiting the number or proportion of eligible participants 
     receiving related assistance services or discouraging 
     grantees from providing such services: Provided further, That 
     notwithstanding the transfer limitation under section 
     133(b)(4) of such Act, up to 30 percent of such funds may be 
     transferred by a local board if approved by the Governor: 
     Provided further, That funds provided to carry out section 
     171(d) of the Workforce Investment Act of 1998 may be used 
     for demonstration projects that provide assistance to new 
     entrants in the workforce and incumbent workers: Provided 
     further, That no funds from any other appropriation shall be 
     used to provide meal services at or for Job Corps centers.
       For necessary expenses of the Workforce Investment Act of 
     1998, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the Act; 
     $2,463,000,000 plus reimbursements, of which $2,363,000,000 
     is available for obligation for the period October 1, 2006 
     through June 30, 2007, and of which $100,000,000 is available 
     for the period October 1, 2006 through June 30, 2009, for 
     necessary expenses of construction, rehabilitation, and 
     acquisition of Job Corps centers.
       Of the funds provided under this heading in Public Law 108-
     7 to carry out section 173(a)(4)(A) of the Workforce 
     Investment Act of 1998, $20,000,000 are rescinded.
       Of the funds provided under this heading in Public Law 107-
     117, $5,000,000 are rescinded.
       Of the funds provided under this heading in division F of 
     Public Law 108-447 for Community-Based Job Training Grants, 
     $125,000,000 is rescinded.
       The Secretary of Labor shall take no action to amend, 
     through regulatory or administration action, the definition 
     established in 20 CFR 667.220 for functions and activities 
     under title I of the Workforce Investment Act of 1998, or to 
     modify, through regulatory or administrative action, the 
     procedure for redesignation of local areas as specified in 
     subtitle B of title I of that Act (including applying the 
     standards specified in section 116(a)(3)(B) of that Act, but 
     notwithstanding the time limits specified in section

[[Page H10384]]

     116(a)(3)(B) of that Act), until such time as legislation 
     reauthorizing the Act is enacted. Nothing in the preceding 
     sentence shall permit or require the Secretary of Labor to 
     withdraw approval for such redesignation from a State that 
     received the approval not later than October 12, 2005, or to 
     revise action taken or modify the redesignation procedure 
     being used by the Secretary in order to complete such 
     redesignation for a State that initiated the process of such 
     redesignation by submitting any request for such 
     redesignation not later than October 26, 2005.


            Community Service Employment for Older Americans

       To carry out title V of the Older Americans Act of 1965, as 
     amended, $436,678,000.


              Federal Unemployment Benefits and Allowances

       For payments during the current fiscal year of trade 
     adjustment benefit payments and allowances under part I and 
     section 246; and for training, allowances for job search and 
     relocation, and related State administrative expenses under 
     part II of chapter 2, title II of the Trade Act of 1974 
     (including the benefits and services described under sections 
     123(c)(2) and 151(b) and (c) of the Trade Adjustment 
     Assistance Reform Act of 2002, Public Law 107-210), 
     $966,400,000, together with such amounts as may be necessary 
     to be charged to the subsequent appropriation for payments 
     for any period subsequent to September 15 of the current 
     year.


     State Unemployment Insurance and Employment Service Operations

       For authorized administrative expenses, $125,312,000, 
     together with not to exceed $3,266,766,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980), which may 
     be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund including the cost of 
     administering section 51 of the Internal Revenue Code of 
     1986, as amended, section 7(d) of the Wagner-Peyser Act, as 
     amended, the Trade Act of 1974, as amended, the Immigration 
     Act of 1990, and the Immigration and Nationality Act, as 
     amended, and of which the sums available in the allocation 
     for activities authorized by title III of the Social Security 
     Act, as amended (42 U.S.C. 502-504), and the sums available 
     in the allocation for necessary administrative expenses for 
     carrying out 5 U.S.C. 8501-8523, shall be available for 
     obligation by the States through December 31, 2006, except 
     that funds used for automation acquisitions shall be 
     available for obligation by the States through September 30, 
     2008; of which $125,312,000, together with not to exceed 
     $700,000,000 of the amount which may be expended from said 
     trust fund, shall be available for obligation for the period 
     July 1, 2006 through June 30, 2007, to fund activities under 
     the Act of June 6, 1933, as amended, including the cost of 
     penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
     available to States in lieu of allotments for such purpose: 
     Provided, That to the extent that the Average Weekly Insured 
     Unemployment (AWIU) for fiscal year 2006 is projected by the 
     Department of Labor to exceed 2,800,000, an additional 
     $28,600,000 shall be available for obligation for every 
     100,000 increase in the AWIU level (including a pro rata 
     amount for any increment less than 100,000) from the 
     Employment Security Administration Account of the 
     Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants or agreements with non-State 
     entities: Provided further, That funds appropriated in this 
     Act for activities authorized under the Wagner-Peyser Act, as 
     amended, and title III of the Social Security Act, may be 
     used by the States to fund integrated Employment Service and 
     Unemployment Insurance automation efforts, notwithstanding 
     cost allocation principles prescribed under Office of 
     Management and Budget Circular A-87.


        Advances to the Unemployment Trust Fund and Other Funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, and to the ``Federal 
     unemployment benefits and allowances'' account, to remain 
     available until September 30, 2007, $465,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 2006, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.


                         Program Administration

       For expenses of administering employment and training 
     programs, $117,123,000, together with not to exceed 
     $82,877,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.


                     Workers Compensation Programs

                              (rescission)

       Of funds provided under this heading in the Emergency 
     Supplemental Appropriations Act, 2002 (Public Law 107-117, 
     division B), $120,000,000 are rescinded.

               Employee Benefits Security Administration


                         Salaries and Expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $134,900,000.

                  Pension Benefit Guaranty Corporation


               Pension Benefit Guaranty Corporation Fund

       The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section 104 of Public Law 96-364, within limits 
     of funds and borrowing authority available to such 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program, including 
     associated administrative expenses, through September 30, 
     2006 for such Corporation: Provided, That none of the funds 
     available to the Corporation for fiscal year 2006 shall be 
     available for obligations for administrative expenses in 
     excess of $296,978,000: Provided further, That obligations in 
     excess of such amount may be incurred after approval by the 
     Office of Management and Budget and the Committees on 
     Appropriations of the House and Senate.

                  Employment Standards Administration


                         Salaries and Expenses

       For necessary expenses for the Employment Standards 
     Administration, including reimbursement to State, Federal, 
     and local agencies and their employees for inspection 
     services rendered, $413,168,000, together with $2,048,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d) and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act: Provided, That the 
     Secretary of Labor is authorized to establish and, in 
     accordance with 31 U.S.C. 3302, collect and deposit in the 
     Treasury fees for processing applications and issuing 
     certificates under sections 11(d) and 14 of the Fair Labor 
     Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) 
     and for processing applications and issuing registrations 
     under title I of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.).


                            Special Benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the heading ``Civilian War Benefits'' in the 
     Federal Security Agency Appropriation Act, 1947; the 
     Employees' Compensation Commission Appropriation Act, 1944; 
     sections 4(c) and 5(f) of the War Claims Act of 1948 (50 
     U.S.C. App. 2012); and 50 percent of the additional 
     compensation and benefits required by section 10(h) of the 
     Longshore and Harbor Workers' Compensation Act, as amended, 
     $237,000,000, together with such amounts as may be necessary 
     to be charged to the subsequent year appropriation for the 
     payment of compensation and other benefits for any period 
     subsequent to August 15 of the current year: Provided, That 
     amounts appropriated may be used under section 8104 of title 
     5, United States Code, by the Secretary of Labor to reimburse 
     an employer, who is not the employer at the time of injury, 
     for portions of the salary of a reemployed, disabled 
     beneficiary: Provided further, That balances of 
     reimbursements unobligated on September 30, 2005, shall 
     remain available until expended for the payment of 
     compensation, benefits, and expenses: Provided further, That 
     in addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under section 8147(c) of title 5, 
     United States Code, to pay an amount for its fair share of 
     the cost of administration, such sums as the Secretary 
     determines to be the cost of administration for employees of 
     such fair share entities through September 30, 2006: Provided 
     further, That of those funds transferred to this account from 
     the fair share entities to pay the cost of administration of 
     the Federal Employees' Compensation Act, $53,695,000 shall be 
     made available to the Secretary as follows:
       (1) for enhancement and maintenance of automated data 
     processing systems and telecommunications systems, 
     $13,305,000;
       (2) for automated workload processing operations, including 
     document imaging, centralized mail intake and medical bill 
     processing, $27,148,000;
       (3) for periodic roll management and medical review, 
     $13,242,000; and
       (4) the remaining funds shall be paid into the Treasury as 
     miscellaneous receipts:
     Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under chapter 81 of title 5, United States Code, or 33 U.S.C. 
     901 et seq., provide as part of such notice and claim, such 
     identifying information (including Social Security account 
     number) as such regulations may prescribe.


               Special Benefits for Disabled Coal Miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as amended by Public Law 107-275, (the 
     ``Act''), $232,250,000, to remain available until expended.
       For making after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of the Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV for the first 
     quarter of fiscal year 2007, $74,000,000, to remain available 
     until expended.


    Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

                     (including transfer of funds)

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Act, $96,081,000, to remain 
     available until expended: Provided, That the Secretary of 
     Labor is authorized to transfer to any executive agency with 
     authority under the Energy Employees Occupational Illness 
     Compensation Act, including within the Department of Labor, 
     such

[[Page H10385]]

     sums as may be necessary in fiscal year 2006 to carry out 
     those authorities: Provided further, That the Secretary may 
     require that any person filing a claim for benefits under the 
     Act provide as part of such claim, such identifying 
     information (including Social Security account number) as may 
     be prescribed: Provided further, That not later than 30 days 
     after enactment, in addition to other sums transferred by the 
     Secretary of Labor to the National Institute for Occupational 
     Safety and Health (``NIOSH'') for the administration of the 
     Energy Employees Occupational Illness Compensation Program 
     (``EEOICPA''), the Secretary of Labor shall transfer 
     $4,500,000 to NIOSH from the funds appropriated to the Energy 
     Employees Occupational Illness Compensation Fund (42 U.S.C. 
     7384e), for use by or in support of the Advisory Board on 
     Radiation and Worker Health (``the Board'') to carry out its 
     statutory responsibilities under EEOICPA (42 U.S.C. 7384n-q), 
     including obtaining audits, technical assistance and other 
     support from the Board's audit contractor with regard to 
     radiation dose estimation and reconstruction efforts, site 
     profiles, procedures, and review of Special Exposure Cohort 
     petitions and evaluation reports.


                    Black Lung Disability Trust Fund

                     (including transfer of funds)

       In fiscal year 2006 and thereafter, such sums as may be 
     necessary from the Black Lung Disability Trust Fund, to 
     remain available until expended, for payment of all benefits 
     authorized by section 9501(d)(1), (2), (4), and (7) of the 
     Internal Revenue Code of 1954, as amended; and interest on 
     advances, as authorized by section 9501(c)(2) of that Act. In 
     addition, the following amounts shall be available from the 
     Fund for fiscal year 2006 for expenses of operation and 
     administration of the Black Lung Benefits program, as 
     authorized by section 9501(d)(5): $33,050,000 for transfer to 
     the Employment Standards Administration ``Salaries and 
     Expenses''; $24,239,000 for transfer to Departmental 
     Management, ``Salaries and Expenses''; $344,000 for transfer 
     to Departmental Management, ``Office of Inspector General''; 
     and $356,000 for payments into miscellaneous receipts for the 
     expenses of the Department of the Treasury.

             Occupational Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $477,199,000, including not to exceed 
     $92,013,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (the ``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $750,000 per fiscal year of training institute course 
     tuition fees, otherwise authorized by law to be collected, 
     and may utilize such sums for occupational safety and health 
     training and education grants: Provided, That, 
     notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
     authorized, during the fiscal year ending September 30, 2006, 
     to collect and retain fees for services provided to 
     Nationally Recognized Testing Laboratories, and may utilize 
     such sums, in accordance with the provisions of 29 U.S.C. 9a, 
     to administer national and international laboratory 
     recognition programs that ensure the safety of equipment and 
     products used by workers in the workplace: Provided further, 
     That none of the funds appropriated under this paragraph 
     shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Act which is applicable to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs 10 or fewer employees: 
     Provided further, That no funds appropriated under this 
     paragraph shall be obligated or expended to administer or 
     enforce any standard, rule, regulation, or order under the 
     Act with respect to any employer of 10 or fewer employees who 
     is included within a category having a Days Away, Restricted, 
     or Transferred (DART) occupational injury and illness rate, 
     at the most precise industrial classification code for which 
     such data are published, less than the national average rate 
     as such rates are most recently published by the Secretary, 
     acting through the Bureau of Labor Statistics, in accordance 
     with section 24 of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act:

     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs 10 or 
     fewer employees: Provided further, That not less than 
     $3,200,000 shall be used to extend funding for the 
     Institutional Competency Building training grants which 
     commenced in September 2000, for program activities for the 
     period of September 30, 2006, to September 30, 2007, provided 
     that a grantee has demonstrated satisfactory performance: 
     Provided further, That none of the funds appropriated under 
     this paragraph shall be obligated or expended to administer 
     or enforce the provisions of 29 CFR 1910.134(f)(2) (General 
     Industry Respiratory Protection Standard) to the extent that 
     such provisions require the annual fit testing (after the 
     initial fit testing) of respirators for occupational exposure 
     to tuberculosis.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $280,490,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities; in addition, not to exceed $750,000 may be 
     collected by the National Mine Health and Safety Academy for 
     room, board, tuition, and the sale of training materials, 
     otherwise authorized by law to be collected, to be available 
     for mine safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 
     Safety and Health Administration may retain up to $1,000,000 
     from fees collected for the approval and certification of 
     equipment, materials, and explosives for use in mines, and 
     may utilize such sums for such activities; the Secretary is 
     authorized to accept lands, buildings, equipment, and other 
     contributions from public and private sources and to 
     prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; the Secretary is authorized to recognize the 
     Joseph A. Holmes Safety Association as a principal safety 
     association and, notwithstanding any other provision of law, 
     may provide funds and, with or without reimbursement, 
     personnel, including service of Mine Safety and Health 
     Administration officials as officers in local chapters or in 
     the national organization; and any funds available to the 
     department may be used, with the approval of the Secretary, 
     to provide for the costs of mine rescue and survival 
     operations in the event of a major disaster.

                       Bureau of Labor Statistics


                         Salaries and Expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $464,678,000, together with not to exceed $77,845,000, which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund, of which $5,000,000 
     may be used to fund the mass layoff statistics program under 
     section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2): 
     Provided, That the Current Employment Survey shall maintain 
     the content of the survey issued prior to June 2005 with 
     respect to the collection of data for the women worker 
     series.

                 Office of Disability Employment Policy


                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $27,934,000.

                        Departmental Management


                         Salaries and Expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including the 
     management or operation, through contracts, grants or other 
     arrangements of Departmental activities conducted by or 
     through the Bureau of International Labor Affairs, including 
     bilateral and multilateral technical assistance and other 
     international labor activities, $300,275,000, of which 
     $6,944,000, to remain available until September 30, 2007, is 
     for Frances Perkins Building Security Enhancements, and 
     $29,760,000 is for the acquisition of Departmental 
     information technology, architecture, infrastructure, 
     equipment, software and related needs, which will be 
     allocated by the Department's Chief Information Officer in 
     accordance with the Department's capital investment 
     management process to assure a sound investment strategy; 
     together with not to exceed $311,000, which may be expended 
     from the Employment Security Administration Account in the 
     Unemployment Trust Fund.


                    Veterans Employment and Training

       Not to exceed $194,834,000 may be derived from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4113, 4211-4215, and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 2006, of which $1,984,000 is for 
     the National Veterans' Employment and Training Services 
     Institute. To carry out the Homeless Veterans Reintegration 
     Programs (38 U.S.C. 2021) and the Veterans Workforce 
     Investment Programs (29 U.S.C. 2913), $29,500,000, of which 
     $7,500,000 shall be available for obligation for the period 
     July 1, 2006 through June 30, 2007.


                      Office of Inspector General

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $66,211,000, together with 
     not to exceed

[[Page H10386]]

     $5,608,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

                          Working Capital Fund

       For the acquisition of a new core accounting system for the 
     Department of Labor, including hardware and software 
     infrastructure and the costs associated with implementation 
     thereof, $6,230,000.

                           General Provisions

       Sec. 101. None of the funds appropriated in this title for 
     the Job Corps shall be used to pay the salary of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level I.
       Sec. 102. Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Labor shall 
     permanently establish and maintain an Office of Job Corps 
     within the Office of the Secretary, in the Department of 
     Labor, to carry out the functions (including duties, 
     responsibilities, and procedures) of subtitle C of title I of 
     the Workforce Investment Act of 1998 (29 U.S.C. 2881 et 
     seq.). The Secretary shall appoint a senior member of the 
     civil service to head that Office of Job Corps and carry out 
     subtitle C. The Secretary shall transfer funds appropriated 
     for the program carried out under that subtitle C, including 
     the administration of such program, to the head of that 
     Office of Job Corps. The head of that Office of Job Corps 
     shall have contracting authority and shall receive support as 
     necessary from the Assistant Secretary for Administration and 
     Management with respect to contracting functions and the 
     Assistant Secretary for Policy with respect to research and 
     evaluation functions.


                          (transfer of funds)

       Sec. 103. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between a program, project, or 
     activity, but no such program, project, or activity shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That a program, project, or activity may be 
     increased by up to an additional 2 percent subject to 
     approval by the House and Senate Committees on 
     Appropriations: Provided further, That the transfer authority 
     granted by this section shall be available only to meet 
     emergency needs and shall not be used to create any new 
     program or to fund any project or activity for which no funds 
     are provided in this Act: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       Sec. 104. In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, whole or in part, by forced 
     or indentured child labor in industries and host countries 
     already identified by the United States Department of Labor 
     prior to enactment of this Act.
       Sec. 105. There is authorized to be appropriated such sums 
     as may be necessary to the Denali Commission through the 
     Department of Labor to conduct job training of the local 
     workforce where Denali Commission projects will be 
     constructed.
       Sec. 106. For purposes of chapter 8 of division B of the 
     Department of Defense and Emergency Supplemental 
     Appropriations for Recovery from and Response to Terrorist 
     Attacks on the United States Act, 2002 (Public Law 107-117), 
     payments made by the New York Workers' Compensation Board to 
     the New York Crime Victims Board and the New York State 
     Insurance Fund before the date of the enactment of this Act 
     shall be deemed to have been made for workers compensation 
     programs.
       Sec. 107. The Department of Labor shall submit its fiscal 
     year 2007 congressional budget justifications to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in the format and level of detail used by the 
     Department of Education in its fiscal year 2006 congressional 
     budget justifications.
       Sec. 108. The Secretary shall prepare and submit not later 
     than July 1, 2006 to the Committees on Appropriations of the 
     Senate and of the House an operating plan that outlines the 
     planned allocation by major project and activity of fiscal 
     year 2006 funds made available for section 171 of the 
     Workforce Investment Act.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2006''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       For carrying out titles II, III, IV, VII, VIII, X, XII, 
     XIX, and XXVI of the Public Health Service Act, section 
     427(a) of the Federal Coal Mine Health and Safety Act, title 
     V and sections 1128E, and 711, and 1820 of the Social 
     Security Act, the Health Care Quality Improvement Act of 
     1986, as amended, the Native Hawaiian Health Care Act of 
     1988, as amended, the Cardiac Arrest Survival Act of 2000, 
     section 712 of the American Jobs Creation Act of 2004, and 
     for expenses necessary to support activities related to 
     countering potential biological, disease, nuclear, 
     radiological and chemical threats to civilian populations, 
     $6,539,661,000 of which $64,180,000 from general revenues, 
     notwithstanding section 1820(j) of the Social Security Act, 
     shall be available for carrying out the Medicare rural 
     hospital flexibility grants program under section 1820 of 
     such Act (of which $25,000,000 is for a Delta health 
     initiative Rural Health, Education, and Workforce 
     Infrastructure Demonstration Program which shall solicit and 
     fund proposals from local governments, hospitals, 
     universities, and rural public health-related entities and 
     organizations for research development, educational programs, 
     job training, and construction of public health-related 
     facilities): Provided, That of the funds made available under 
     this heading, $222,000 shall be available until expended for 
     facilities renovations at the Gillis W. Long Hansen's Disease 
     Center: Provided further, That in addition to fees authorized 
     by section 427(b) of the Health Care Quality Improvement Act 
     of 1986, fees shall be collected for the full disclosure of 
     information under the Act sufficient to recover the full 
     costs of operating the National Practitioner Data Bank, and 
     shall remain available until expended to carry out that Act: 
     Provided further, That fees collected for the full disclosure 
     of information under the ``Health Care Fraud and Abuse Data 
     Collection Program'', authorized by section 1128E(d)(2) of 
     the Social Security Act, shall be sufficient to recover the 
     full costs of operating the program, and shall remain 
     available until expended to carry out that Act: Provided 
     further, That no more than $40,000 is available until 
     expended for carrying out the provisions of 42 U.S.C. 233(o) 
     including associated administrative expenses: Provided 
     further, That no more than $45,000,000 is available until 
     expended for carrying out the provisions of Public Law 104-73 
     and for expenses incurred by the Department of Health and 
     Human Services pertaining to administrative claims made under 
     such law: Provided further, That $4,000,000 is available 
     until expended for the National Cord Blood Stem Cell Bank 
     Program as described in House Report 108-401: Provided 
     further, That of the funds made available under this heading, 
     $285,963,000 shall be for the program under title X of the 
     Public Health Service Act to provide for voluntary family 
     planning projects: Provided further, That amounts provided to 
     said projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office: Provided further, That $797,521,000 shall be 
     for State AIDS Drug Assistance Programs authorized by section 
     2616 of the Public Health Service Act: Provided further, That 
     in addition to amounts provided herein, $25,000,000 shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act to carry out Parts A, B, C, and D 
     of title XXVI of the Public Health Service Act to fund 
     section 2691 Special Projects of National Significance: 
     Provided further, That, notwithstanding section 502(a)(1) of 
     the Social Security Act, not to exceed $117,108,000 is 
     available for carrying out special projects of regional and 
     national significance pursuant to section 501(a)(2) of such 
     Act: Provided further, That of the funds provided, 
     $39,680,000 shall be provided to the Denali Commission as a 
     direct lump payment pursuant to Public Law 106-113.


           Health Education Assistance Loans Program Account

       Such sums as may be necessary to carry out the purpose of 
     the program, as authorized by title VII of the Public Health 
     Service Act, as amended. For administrative expenses to carry 
     out the guaranteed loan program, including section 709 of the 
     Public Health Service Act, $2,916,000.


             Vaccine Injury Compensation Program Trust Fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund, such sums as may be necessary for claims 
     associated with vaccine-related injury or death with respect 
     to vaccines administered after September 30, 1988, pursuant 
     to subtitle 2 of title XXI of the Public Health Service Act, 
     to remain available until expended: Provided, That for 
     necessary administrative expenses, not to exceed $3,600,000 
     shall be available from the Trust Fund to the Secretary of 
     Health and Human Services.

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

       To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, sections 20, 21, and 22 of the 
     Occupational Safety and Health Act of 1970, title IV of the 
     Immigration and Nationality Act, section 501 of the Refugee 
     Education Assistance Act of 1980, and for expenses necessary 
     to support activities related to countering potential 
     biological, disease, nuclear, radiological, and chemical 
     threats to civilian populations; including purchase and 
     insurance of official motor vehicles in foreign countries; 
     and purchase, hire, maintenance, and operation of aircraft, 
     $5,884,934,000, of which $160,000,000 shall remain available 
     until expended for equipment, construction and renovation of 
     facilities; of which $30,000,000 of the amounts available for 
     immunization activities shall remain available until 
     expended; of which $530,000,000 shall remain available until 
     expended for the Strategic National Stockpile; and of which 
     $123,883,000 for international HIV/AIDS shall remain 
     available until September 30, 2007. In addition, such sums as 
     may be derived from authorized user fees, which shall be 
     credited to this account: Provided, That in addition to 
     amounts provided herein, the following amounts shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act: (1) $12,794,000 to carry out the 
     National Immunization Surveys; (2) $109,021,000 to carry out 
     the National Center for Health Statistics surveys; (3) 
     $24,751,000 to carry out information systems standards 
     development and architecture and applications-based research 
     used at local public health levels; (4) $463,000 for Health 
     Marketing evaluations; (5) $31,000,000 to carry out

[[Page H10387]]

     Public Health Research; and (6) $87,071,000 to carry out 
     research activities within the National Occupational Research 
     Agenda: Provided further, That none of the funds made 
     available for injury prevention and control at the Centers 
     for Disease Control and Prevention may be used, in whole or 
     in part, to advocate or promote gun control: Provided 
     further, That up to $31,800,000 shall be made available until 
     expended for Individual Learning Accounts for full-time 
     equivalent employees of the Centers for Disease Control and 
     Prevention: Provided further, That the Director may redirect 
     the total amount made available under authority of Public Law 
     101-502, section 3, dated November 3, 1990, to activities the 
     Director may so designate: Provided further, That the 
     Congress is to be notified promptly of any such transfer: 
     Provided further, That not to exceed $12,500,000 may be 
     available for making grants under section 1509 of the Public 
     Health Service Act to not more than 15 States, tribes, or 
     tribal organizations: Provided further, That notwithstanding 
     any other provision of law, a single contract or related 
     contracts for development and construction of facilities may 
     be employed which collectively include the full scope of the 
     project: Provided further, That the solicitation and contract 
     shall contain the clause ``availability of funds'' found at 
     48 CFR 52.232-18: Provided further, That of the funds 
     appropriated, $10,000 is for official reception and 
     representation expenses when specifically approved by the 
     Director of the Centers for Disease Control and Prevention: 
     Provided further, That employees of the Centers for Disease 
     Control and Prevention or the Public Health Service, both 
     civilian and Commissioned Officers, detailed to States, 
     municipalities, or other organizations under authority of 
     section 214 of the Public Health Service Act, shall be 
     treated as non-Federal employees for reporting purposes only 
     and shall not be included within any personnel ceiling 
     applicable to the Agency, Service, or the Department of 
     Health and Human Services during the period of detail or 
     assignment.

                     National Institutes of Health


                       National Cancer Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $4,841,774,000, of 
     which up to $8,000,000 may be used for facilities repairs and 
     improvements at the NCI-Frederick Federally Funded Research 
     and Development Center in Frederick, Maryland.


               National Heart, Lung, and Blood Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, $2,951,270,000.


         National Institute of Dental and Craniofacial Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $393,269,000.


    National Institute of Diabetes and Digestive and Kidney Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $1,722,146,000.


        National Institute of Neurological Disorders and Stroke

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to neurological disorders and 
     stroke, $1,550,260,000.


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $4,459,395,000: Provided, That $100,000,000 may be 
     made available to International Assistance Programs ``Global 
     Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to 
     remain available until expended: Provided further, That up to 
     $30,000,000 shall be for extramural facilities construction 
     grants to enhance the Nation's capability to do research on 
     biological and other agents.


             National Institute of General Medical Sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $1,955,170,000.


        National Institute of Child Health and Human Development

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to child health and human 
     development, $1,277,544,000.


                         National Eye Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to eye diseases and visual 
     disorders, $673,491,000.


          National Institute of Environmental Health Sciences

       For carrying out sections 301 and 311 and title IV of the 
     Public Health Service Act with respect to environmental 
     health sciences, $647,608,000.


                      National Institute on Aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, $1,057,203,000.


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to arthritis and 
     musculoskeletal and skin diseases, $513,063,000.


    National Institute on Deafness and Other Communication Disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $397,432,000.


                 National Institute of Nursing Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     $138,729,000.


           National Institute on Alcohol Abuse and Alcoholism

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to alcohol abuse and 
     alcoholism, $440,333,000.


                    National Institute on Drug Abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, 
     $1,010,130,000.


                  National Institute of Mental Health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     $1,417,692,000.


                National Human Genome Research Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $490,959,000.


      National Institute of Biomedical Imaging and Bioengineering

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to biomedical imaging and 
     bioengineering research, $299,808,000.


                 National Center for Research Resources

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $1,110,203,000: Provided, 
     That none of these funds shall be used to pay recipients of 
     the general research support grants program any amount for 
     indirect expenses in connection with such grants.


       National Center for Complementary and Alternative Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to complementary and 
     alternative medicine, $122,692,000.


       National Center on Minority Health and Health Disparities

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to minority health and health 
     disparities research, $197,379,000.


                  John E. Fogarty International Center

       For carrying out the activities at the John E. Fogarty 
     International Center, $67,048,000.


                      National Library of Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, $318,091,000, of which $4,000,000 shall be 
     available until expended for improvement of information 
     systems: Provided, That in fiscal year 2006, the Library may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health: 
     Provided further, That in addition to amounts provided 
     herein, $8,200,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out National Information Center on Health Services Research 
     and Health Care Technology and related health services.


                         Office of the Director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $482,895,000, of 
     which up to $10,000,000 shall be used to carry out section 
     217 of this Act: Provided, That funding shall be available 
     for the purchase of not to exceed 29 passenger motor vehicles 
     for replacement only: Provided further, That the Director may 
     direct up to 1 percent of the total amount made available in 
     this or any other Act to all National Institutes of Health 
     appropriations to activities the Director may so designate: 
     Provided further, That no such appropriation shall be 
     decreased by more than 1 percent by any such transfers and 
     that the Congress is promptly notified of the transfer: 
     Provided further, That the National Institutes of Health is 
     authorized to collect third party payments for the cost of 
     clinical services that are incurred in National Institutes of 
     Health research facilities and that such payments shall be 
     credited to the National Institutes of Health Management 
     Fund: Provided further, That all funds credited to the 
     National Institutes of Health Management Fund shall remain 
     available for one fiscal year after the fiscal year in which 
     they are deposited: Provided further, That up to $500,000 
     shall be available to carry out section 499 of the Public 
     Health Service Act: Provided further, That in addition to the 
     transfer authority provided above, a uniform percentage of 
     the amounts appropriated in this Act to each Institute and 
     Center may be transferred and utilized for the National 
     Institutes of Health Roadmap for Medical Research: Provided 
     further, That the amount utilized under the preceding proviso 
     shall not exceed $250,000,000 without prior notification to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate: Provided further, That 
     amounts transferred and utilized under the preceding two 
     provisos shall be in addition to amounts made available for 
     the Roadmap for Medical Research from the Director's 
     Discretionary Fund and to any amounts allocated to activities 
     related to the Roadmap through the normal research priority-
     setting process of individual Institutes and Centers: 
     Provided further, That of the funds provided $10,000 shall be 
     for official reception and representation expenses when 
     specifically approved by the Director of NIH: Provided 
     further, That the Office of AIDS Research within the Office 
     of the Director, NIH may spend up to $4,000,000 to make 
     grants for construction or renovation of facilities as 
     provided for in section 2354(a)(5)(B) of the Public Health 
     Service Act: Provided further, That of the funds provided 
     $97,000,000 shall be for expenses necessary to support 
     activities related to countering potential nuclear, 
     radiological and chemical threats to civilian populations.

[[Page H10388]]

                        Buildings and Facilities

       For the study of, construction of, renovation of, and 
     acquisition of equipment for, facilities of or used by the 
     National Institutes of Health, including the acquisition of 
     real property, $81,900,000, to remain available until 
     expended.

       Substance Abuse and Mental Health Services Administration

               Substance Abuse and Mental Health Services

       For carrying out titles V and XIX of the Public Health 
     Service Act (``PHS Act'') with respect to substance abuse and 
     mental health services, the Protection and Advocacy for 
     Individuals with Mental Illness Act, and section 301 of the 
     PHS Act with respect to program management, $3,237,813,000: 
     Provided, That notwithstanding section 520A(f)(2) of the PHS 
     Act, no funds appropriated for carrying out section 520A are 
     available for carrying out section 1971 of the PHS Act: 
     Provided further, That in addition to amounts provided 
     herein, the following amounts shall be available under 
     section 241 of the PHS Act: (1) $79,200,000 to carry out 
     subpart II of part B of title XIX of the PHS Act to fund 
     section 1935(b) technical assistance, national data, data 
     collection and evaluation activities, and further that the 
     total available under this Act for section 1935(b) activities 
     shall not exceed 5 percent of the amounts appropriated for 
     subpart II of part B of title XIX; (2) $21,803,000 to carry 
     out subpart I of part B of title XIX of the PHS Act to fund 
     section 1920(b) technical assistance, national data, data 
     collection and evaluation activities, and further that the 
     total available under this Act for section 1920(b) activities 
     shall not exceed 5 percent of the amounts appropriated for 
     subpart I of part B of title XIX; (3) $16,000,000 to carry 
     out national surveys on drug abuse; and (4) $4,300,000 to 
     evaluate substance abuse treatment programs.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, amounts received from Freedom of Information Act fees, 
     reimbursable and interagency agreements, and the sale of data 
     shall be credited to this appropriation and shall remain 
     available until expended: Provided, That the amount made 
     available pursuant to section 927(c) of the Public Health 
     Service Act shall not exceed $318,695,000: Provided further, 
     That not more than $50,000,000 of these funds shall be for 
     the development of scientific evidence that supports the 
     implementation and evaluation of health care information 
     technology systems.

               Centers for Medicare and Medicaid Services


                     Grants to States for Medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $156,954,419,000, to 
     remain available until expended.
       For making, after May 31, 2006, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 2006 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2007, 
     $62,783,825,000, to remain available until expended.
       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.


                  Payments to Health Care Trust Funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under section 1844, 1860D-16, and 1860D-31 of the 
     Social Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d) of Public Law 97-
     248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $177,742,200,000.
       In addition, for making matching payments under section 
     1844, and benefit payments under 1860D-16 and 1860D-31, of 
     the Social Security Act, not anticipated in budget estimates, 
     such sums as may be necessary.


                           Program Management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $3,170,927,000, to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act and section 
     1857(e)(2) of the Social Security Act, and such sums as may 
     be collected from authorized user fees and the sale of data, 
     which shall remain available until expended: Provided, That 
     all funds derived in accordance with 31 U.S.C. 9701 from 
     organizations established under title XIII of the Public 
     Health Service Act shall be credited to and available for 
     carrying out the purposes of this appropriation: Provided 
     further, That $24,205,000, to remain available until 
     September 30, 2007, is for contract costs for the Centers for 
     Medicare and Medicaid Services Systems Revitalization Plan: 
     Provided further, That $79,934,000, to remain available until 
     September 30, 2007, is for contract costs for the Healthcare 
     Integrated General Ledger Accounting System: Provided 
     further, That funds appropriated under this heading are 
     available for the Healthy Start, Grow Smart program under 
     which the Centers for Medicare and Medicaid Services may, 
     directly or through grants, contracts, or cooperative 
     agreements, produce and distribute informational materials 
     including, but not limited to, pamphlets and brochures on 
     infant and toddler health care to expectant parents enrolled 
     in the Medicaid program and to parents and guardians enrolled 
     in such program with infants and children: Provided further, 
     That the Secretary of Health and Human Services is directed 
     to collect fees in fiscal year 2006 from Medicare Advantage 
     organizations pursuant to section 1857(e)(2) of the Social 
     Security Act and from eligible organizations with risk-
     sharing contracts under section 1876 of that Act pursuant to 
     section 1876(k)(4)(D) of that Act: Provided further, That to 
     the extent Medicare claims volume is projected by the Centers 
     for Medicare and Medicaid Services (CMS) to exceed 
     200,000,000 Part A claims and/or 1,022,100,000 Part B claims, 
     an additional $32,500,000 shall be available for obligation 
     for every 50,000,000 increase in Medicare claims volume 
     (including a pro rata amount for any increment less than 
     50,000,000) from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.


      Health Maintenance Organization Loan and Loan Guarantee Fund

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, any amounts received by the 
     Secretary in connection with loans and loan guarantees under 
     title XIII of the Public Health Service Act, to be available 
     without fiscal year limitation for the payment of outstanding 
     obligations. During fiscal year 2006, no commitments for 
     direct loans or loan guarantees shall be made.

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     $2,121,643,000, to remain available until expended; and for 
     such purposes for the first quarter of fiscal year 2007, 
     $1,200,000,000, to remain available until expended.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance for Needy 
     Families (TANF) with respect to such State, such sums as may 
     be necessary: Provided, That the sum of the amounts available 
     to a State with respect to expenditures under such title IV-A 
     in fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 shall not exceed the 
     limitations under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-D, X, XI, XIV, and XVI of the Social Security Act and 
     the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 
     months of the current fiscal year for unanticipated costs, 
     incurred for the current fiscal year, such sums as may be 
     necessary.


                   low-income home energy assistance

       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $2,000,000,000.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $183,000,000, to remain available 
     until September 30, 2006: Provided, That these funds are for 
     the unanticipated home energy assistance needs of one or more 
     States, as authorized by section 2604(e) of such Act, and 
     notwithstanding the designation requirement of section 
     2602(e) of such Act.


                     Refugee and Entrant Assistance

       For necessary expenses for refugee and entrant assistance 
     activities and for costs associated with the care and 
     placement of unaccompanied alien children authorized by title 
     IV of the Immigration and Nationality Act and section 501 of 
     the Refugee Education Assistance Act of 1980 (Public Law 96-
     422), for carrying out section 462 of the Homeland Security 
     Act of 2002 (Public Law 107-296), and for carrying out the 
     Torture Victims Relief Act of 2003 (Public Law 108-179), 
     $575,579,000, of which up to $9,915,000 shall be available to 
     carry out the Trafficking Victims Protection Act of 2003 
     (Public Law 108-193): Provided, That funds appropriated under 
     this heading pursuant to section 414(a) of the Immigration 
     and Nationality Act and section 462 of the Homeland Security 
     Act of 2002 for fiscal year 2006 shall be available for the 
     costs of assistance provided and other activities to remain 
     available through September 30, 2008.


   Payments to States for the Child Care and Development Block Grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), $2,082,910,000 shall be 
     used to supplement, not supplant State general revenue funds 
     for child care assistance for low-income families: Provided, 
     That $18,967,040 shall be available for child care resource 
     and referral and school-aged child care activities, of which 
     $992,000 shall be for the Child Care Aware toll-free hotline: 
     Provided further, That, in addition to the amounts required 
     to be reserved by the States under section 658G, $270,490,624 
     shall be reserved by the States for activities authorized 
     under section 658G, of which $99,200,000 shall be for 
     activities that improve the quality of infant and toddler 
     care: Provided further, That $9,920,000 shall be for use by 
     the Secretary for child care research, demonstration, and 
     evaluation activities.


                      Social Services Block Grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such

[[Page H10389]]

     subparagraph for a State to carry out State programs pursuant 
     to title XX of such Act shall be 10 percent.


                Children and Families Services Programs

                    (including rescission of funds)

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, sections 310 and 
     316 of the Family Violence Prevention and Services Act, as 
     amended, the Native American Programs Act of 1974, title II 
     of Public Law 95-266 (adoption opportunities), the Adoption 
     and Safe Families Act of 1997 (Public Law 105-89), sections 
     1201 and 1211 of the Children's Health Act of 2000, the 
     Abandoned Infants Assistance Act of 1988, sections 261 and 
     291 of the Help America Vote Act of 2002, part B(1) of title 
     IV and sections 413, 429A, 1110, and 1115 of the Social 
     Security Act, and sections 40155, 40211, and 40241 of Public 
     Law 103-322; for making payments under the Community Services 
     Block Grant Act, sections 439(h), 473A, and 477(i) of the 
     Social Security Act, and title IV of Public Law 105-285, and 
     for necessary administrative expenses to carry out said Acts 
     and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social 
     Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the 
     Omnibus Budget Reconciliation Act of 1981, title IV of the 
     Immigration and Nationality Act, section 501 of the Refugee 
     Education Assistance Act of 1980, sections 40155, 40211, and 
     40241 of Public Law 103-322, and section 126 and titles IV 
     and V of Public Law 100-485, $8,922,213,000, of which 
     $18,000,000, to remain available until September 30, 2007, 
     shall be for grants to States for adoption incentive 
     payments, as authorized by section 473A of title IV of the 
     Social Security Act (42 U.S.C. 670-679) and may be made for 
     adoptions completed before September 30, 2006: Provided, That 
     $6,843,114,000 shall be for making payments under the Head 
     Start Act, of which $1,388,800,000 shall become available 
     October 1, 2006, and remain available through September 30, 
     2007: Provided further, That $701,590,000 shall be for making 
     payments under the Community Services Block Grant Act: 
     Provided further, That not less than $7,367,000 shall be for 
     section 680(3)(B) of the Community Services Block Grant Act: 
     Provided further, That in addition to amounts provided 
     herein, $6,000,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out the provisions of section 1110 of the Social Security 
     Act: Provided further, That to the extent Community Services 
     Block Grant funds are distributed as grant funds by a State 
     to an eligible entity as provided under the Act, and have not 
     been expended by such entity, they shall remain with such 
     entity for carryover into the next fiscal year for 
     expenditure by such entity consistent with program purposes: 
     Provided further, That the Secretary shall establish 
     procedures regarding the disposition of intangible property 
     which permits grant funds, or intangible assets acquired with 
     funds authorized under section 680 of the Community Services 
     Block Grant Act, as amended, to become the sole property of 
     such grantees after a period of not more than 12 years after 
     the end of the grant for purposes and uses consistent with 
     the original grant: Provided further, That funds appropriated 
     for section 680(a)(2) of the Community Services Block Grant 
     Act, as amended, shall be available for financing 
     construction and rehabilitation and loans or investments in 
     private business enterprises owned by community development 
     corporations: Provided further, That $65,000,000 is for a 
     compassion capital fund to provide grants to charitable 
     organizations to emulate model social service programs and to 
     encourage research on the best practices of social service 
     organizations: Provided further, That $15,879,000 shall be 
     for activities authorized by the Help America Vote Act of 
     2002, of which $11,000,000 shall be for payments to States to 
     promote access for voters with disabilities, and of which 
     $4,879,000 shall be for payments to States for protection and 
     advocacy systems for voters with disabilities: Provided 
     further, That $110,000,000 shall be for making competitive 
     grants to provide abstinence education (as defined by section 
     510(b)(2) of the Social Security Act) to adolescents, and for 
     Federal costs of administering the grant: Provided further, 
     That grants under the immediately preceding proviso shall be 
     made only to public and private entities which agree that, 
     with respect to an adolescent to whom the entities provide 
     abstinence education under such grant, the entities will not 
     provide to that adolescent any other education regarding 
     sexual conduct, except that, in the case of an entity 
     expressly required by law to provide health information or 
     services the adolescent shall not be precluded from seeking 
     health information or services from the entity in a different 
     setting than the setting in which abstinence education was 
     provided: Provided further, That within amounts provided 
     herein for abstinence education for adolescents, up to 
     $10,000,000 may be available for a national abstinence 
     education campaign: Provided further, That in addition to 
     amounts provided herein for abstinence education for 
     adolescents, $4,500,000 shall be available from amounts 
     available under section 241 of the Public Health Service Act 
     to carry out evaluations (including longitudinal evaluations) 
     of adolescent pregnancy prevention approaches: Provided 
     further, That $2,000,000 shall be for improving the Public 
     Assistance Reporting Information System, including grants to 
     States to support data collection for a study of the system's 
     effectiveness.
       Of the funds provided under this heading in Public Law 108-
     447 to carry out section 473A of title IV of the Social 
     Security Act (42 U.S.C. 670-679), $22,500,000 are rescinded.


                   Promoting Safe and Stable Families

       For carrying out section 436 of the Social Security Act, 
     $305,000,000 and for section 437, $90,000,000.


       Payments to States for Foster Care and Adoption Assistance

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $4,852,800,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Act, for the first quarter of fiscal 
     year 2007, $1,730,000,000.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under 
     section 474 of title IV-E, for the last 3 months of the 
     current fiscal year for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.

                        Administration on Aging


                        Aging Services Programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and section 398 of 
     the Public Health Service Act, $1,376,624,000, of which 
     $5,500,000 shall be available for activities regarding 
     medication management, screening, and education to prevent 
     incorrect medication and adverse drug reactions.

                        Office of the Secretary


                    General Departmental Management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, XX, and XXI of the Public 
     Health Service Act, the United States-Mexico Border Health 
     Commission Act, and research studies under section 1110 of 
     the Social Security Act, $352,703,000, together with 
     $5,851,000 to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the 
     Hospital Insurance Trust Fund and the Supplemental Medical 
     Insurance Trust Fund, and $39,552,000 from the amounts 
     available under section 241 of the Public Health Service Act 
     to carry out national health or human services research and 
     evaluation activities: Provided, That of the funds made 
     available under this heading for carrying out title XX of the 
     Public Health Service Act, $13,120,000 shall be for 
     activities specified under section 2003(b)(2), all of which 
     shall be for prevention service demonstration grants under 
     section 510(b)(2) of title V of the Social Security Act, as 
     amended, without application of the limitation of section 
     2010(c) of said title XX: Provided further, That of this 
     amount, $52,415,000 shall be for minority AIDS prevention and 
     treatment activities; and $5,952,000 shall be to assist 
     Afghanistan in the development of maternal and child health 
     clinics, consistent with section 103(a)(4)(H) of the 
     Afghanistan Freedom Support Act of 2002: Provided further, 
     That specific information requests from the chairmen and 
     ranking members of the Subcommittees on Labor, Health and 
     Human Services, and Education, and Related Agencies, on 
     scientific research or any other matter, shall be transmitted 
     to the Committees on Appropriations in a prompt professional 
     manner and within the time frame specified in the request: 
     Provided further, That scientific information requested by 
     the Committees on Appropriations and prepared by government 
     researchers and scientists shall be transmitted to the 
     Committees on Appropriations, uncensored and without delay.


                Office of Medicare Hearings and Appeals

       For expenses necessary for administrative law judges 
     responsible for hearing cases under title XVIII of the Social 
     Security Act (and related provisions of title XI of such 
     Act), $60,000,000, to be transferred in appropriate part from 
     the Federal Hospital Insurance and the Federal Supplementary 
     Medical Insurance Trust Funds.


  Office of the National Coordinator for Health Information Technology

       For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts and cooperative agreements for the 
     development and advancement of an interoperable national 
     health information technology infrastructure, $42,800,000: 
     Provided, That in addition to amounts provided herein, 
     $18,900,000 shall be available from amounts available under 
     section 241 of the Public Health Service Act to carry out 
     health information technology network development.


                      Office of Inspector General

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, as amended, $39,813,000: 
     Provided, That of such amount, necessary sums are available 
     for providing protective services to the Secretary and 
     investigating non-payment of child support cases for which 
     non-payment is a Federal offense under 18 U.S.C. 228.


                        Office for Civil Rights

       For expenses necessary for the Office for Civil Rights, 
     $31,682,000, together with not to exceed $3,314,000 to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Hospital Insurance Trust 
     Fund and the Supplemental Medical Insurance Trust Fund.


     Retirement Pay and Medical Benefits for Commissioned Officers

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

[[Page H10390]]

            Public Health and Social Services Emergency Fund

       For expenses necessary to support activities related to 
     countering potential biological, disease, nuclear, 
     radiological and chemical threats to civilian populations, 
     and to ensure a year-round influenza vaccine production 
     capacity, the development and implementation of rapidly 
     expandable influenza vaccine production technologies, and if 
     determined necessary by the Secretary, the purchase of 
     influenza vaccine, $183,589,000: Provided, That $120,000,000 
     of amounts available for influenza preparedness shall remain 
     available until expended.

                           General Provisions

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated in this Act may be 
     used to implement section 399F(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health, the Agency for Healthcare 
     Research and Quality, and the Substance Abuse and Mental 
     Health Services Administration shall be used to pay the 
     salary of an individual, through a grant or other extramural 
     mechanism, at a rate in excess of Executive Level I.
       Sec. 205. None of the funds appropriated in this title for 
     Head Start shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.
       Sec. 206. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 207. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary shall 
     determine, but not more than 2.4 percent, of any amounts 
     appropriated for programs authorized under said Act shall be 
     made available for the evaluation (directly, or by grants or 
     contracts) of the implementation and effectiveness of such 
     programs.


                          (transfer of funds)

       Sec. 208. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Health and 
     Human Services in this Act may be transferred between a 
     program, project, or activity, but no such program, project, 
     or activity shall be increased by more than 3 percent by any 
     such transfer: Provided, That a program, project, or activity 
     may be increased by up to an additional 2 percent subject to 
     approval by the House and Senate Committees on 
     Appropriations: Provided further, That the transfer authority 
     granted by this section shall be available only to meet 
     emergency needs and shall not be used to create any new 
     program or to fund any project or activity for which no funds 
     are provided in this Act: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.


                          (transfer of funds)

       Sec. 209. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes and 
     centers from the total amounts identified by these two 
     Directors as funding for research pertaining to the human 
     immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.


                          (transfer of funds)

       Sec. 210. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 211. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 212. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare Advantage organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 213. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 214. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act (42 U.S.C. 300x-26) if such 
     State certifies to the Secretary of Health and Human Services 
     by May 1, 2006, that the State will commit additional State 
     funds, in accordance with subsection (b), to ensure 
     compliance with State laws prohibiting the sale of tobacco 
     products to individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary of Health and Human 
     Services under section 1926 of such Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2006 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2005, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2005 State expenditures and all fiscal year 2006 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2006.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2006.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     from a territory that receives less than $1,000,000.
       Sec. 215. In order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2006, the Secretary of Health and Human 
     Services--
       (1) may exercise authority equivalent to that available to 
     the Secretary of State in section 2(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). 
     The Secretary of Health and Human Services shall consult with 
     the Secretary of State and relevant Chief of Mission to 
     ensure that the authority provided in this section is 
     exercised in a manner consistent with section 207 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3927) and other 
     applicable statutes administered by the Department of State, 
     and
       (2) is authorized to provide such funds by advance or 
     reimbursement to the Secretary of State as may be necessary 
     to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of the Department of Health and 
     Human Services. The Department of State shall cooperate fully 
     with the Secretary of Health and Human Services to ensure 
     that the Department of Health and Human Services has secure, 
     safe, functional facilities that comply with applicable 
     regulation governing location, setback, and other facilities 
     requirements and serve the purposes established by this Act. 
     The Secretary of Health and Human Services is authorized, in 
     consultation with the Secretary of State, through grant or 
     cooperative agreement, to make available to public or 
     nonprofit private institutions or agencies in participating 
     foreign countries, funds to acquire, lease, alter, or 
     renovate facilities in those countries as necessary to 
     conduct programs of assistance for international health 
     activities, including activities relating to HIV/AIDS and 
     other infectious diseases, chronic and environmental 
     diseases, and other health activities abroad.
       Sec. 216. The Division of Federal Occupational Health 
     hereafter may utilize personal services contracting to employ 
     professional management/administrative and occupational 
     health professionals.
       Sec. 217. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of the National Institutes of 
     Health may use funds available under section 402(i) of the 
     Public Health Service Act (42 U.S.C. 282(i)) to enter into 
     transactions (other than contracts, cooperative agreements, 
     or grants) to carry out research in support of the NIH 
     Roadmap for Medical Research.
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director of the National Institutes of 
     Health may utilize such peer review procedures (including 
     consultation with appropriate scientific experts) as the 
     Director determines to be appropriate to obtain assessments 
     of scientific and technical merit. Such procedures shall 
     apply to such transactions in lieu of the peer review and 
     advisory council review procedures that would otherwise be 
     required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
     406(a)(3)(A), 492, and 494 of the Public Health Service Act 
     (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, 
     and 289c).
       Sec. 218. Funds which are available for Individual Learning 
     Accounts for employees of the Centers for Disease Control and 
     Prevention and the Agency for Toxic Substances and Disease 
     Registry may be transferred to ``Disease Control, Research, 
     and Training,'' to be available only for Individual Learning 
     Accounts: Provided,

[[Page H10391]]

     That such funds may be used for any individual full-time 
     equivalent employee while such employee is employed either by 
     CDC or ATSDR.
       Sec. 219. Notwithstanding any other provisions of law, 
     funds made available in this Act may be used to continue 
     operating the Council on Graduate Medical Education 
     established by section 301 of Public Law 102-408.


                         (rescission of funds)

       Sec. 220. The unobligated balance in the amount of 
     $10,000,000 appropriated by Public Law 108-11 under the 
     heading ``Public Health and Social Services Emergency Fund'' 
     are rescinded.
       Sec. 221. (a) The Headquarters and Emergency Operations 
     Center Building (Building 21) at the Centers for Disease 
     Control and Prevention is hereby renamed as the Arlen Specter 
     Headquarters and Emergency Operations Center.
       (b) The Global Communications Center Building (Building 19) 
     at the Centers for Disease Control and Prevention is hereby 
     renamed as the Thomas R. Harkin Global Communications Center.
       Sec. 222. None of the funds made available under this Act 
     may be used to implement or enforce the interim final rule 
     published in the Federal Register by the Centers for Medicare 
     & Medicaid Services on August 26, 2005 (70 Fed. Reg. 50940) 
     prior to April 1, 2006.
       Sec. 223. (a) For fiscal year 2006 and subject to 
     subsection (b), the Secretary of Health and Human Services 
     may waive the requirements of regulations promulgated under 
     the Head Start Act (42 U.S.C. 9831 et seq.), for one or more 
     vehicles used by a Head Start agency or an Early Head Start 
     entity (or the designee of either) in transporting children 
     enrolled in a Head Start program or an Early Head Start 
     program if--
       (1) such requirements pertain to child restraint systems or 
     vehicle monitors;
       (2) the agency or entity demonstrates that compliance with 
     such requirements will result in a significant disruption to 
     the Head Start program or the Early Head Start program; and
       (3) waiving such requirements is in the best interest of 
     the children involved.
       (b) The Secretary of Health and Human Services may not 
     issue any waiver under subsection (a) after September 30, 
     2006, or the date of the enactment of a statute that 
     authorizes appropriations for fiscal year 2006 to carry out 
     the Head Start Act, whichever date is earlier.
       Sec. 224. Section 1310.12(a) of title 45 of the Code of 
     Federal Regulations (October 1, 2004) shall not be effective 
     until June 30, 2006 or 60 days after the date of the 
     enactment of a statute that authorizes appropriations for 
     fiscal year 2006 to carry out the Head Start Act, whichever 
     date is earlier.


                              (rescission)

       Sec. 225. The unobligated balance of the Health Professions 
     Student Loan program authorized in Subpart II, Federally-
     Supported Student Loan Funds, of title VII of the Public 
     Health Services Act is rescinded.


                              (rescission)

       Sec. 226. The unobligated balance of the Nursing Student 
     Loan program authorized by section 835 of the Public Health 
     Services Act is rescinded.
       Sec. 227. In addition to any other amounts available for 
     such travel, and notwithstanding any other provision of law, 
     amounts available from this or any other appropriation for 
     the purchase, hire, maintenance, or operation of aircraft by 
     the Centers for Disease Control and Prevention shall be 
     available for travel by the Secretary of Health and Human 
     Services, the Director of the Centers for Disease Control and 
     Prevention, and employees of the Department of Health and 
     Human Services accompanying the Secretary or the Director 
     during such travel.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2006''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $14,627,435,000, of which 
     $7,043,126,000 shall become available on July 1, 2006, and 
     shall remain available through September 30, 2007, and of 
     which $7,383,301,000 shall become available on October 1, 
     2006, and shall remain available through September 30, 2007 
     for academic year 2006-2007: Provided, That $6,934,854,000 
     shall be for basic grants under section 1124: Provided 
     further, That up to $3,472,000 of these funds shall be 
     available to the Secretary of Education on October 1, 2005, 
     to obtain annually updated educational-agency-level census 
     poverty data from the Bureau of the Census: Provided further, 
     That $1,365,031,000 shall be for concentration grants under 
     section 1124A: Provided further, That $2,269,843,000 shall be 
     for targeted grants under section 1125: Provided further, 
     That $2,269,843,000 shall be for education finance incentive 
     grants under section 1125A: Provided further, That $9,424,000 
     shall be to carry out part E of title I: Provided further, 
     That $8,000,000 shall be available for section 1608 of the 
     ESEA, of which $1,465,000 shall be available for a 
     continuation award for the comprehensive school reform 
     clearinghouse previously funded under the heading 
     ``Innovation and Improvement'' in title III of division F of 
     Public Law 108-447.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,240,862,000, of which $1,102,896,000 shall be for basic 
     support payments under section 8003(b), $49,966,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $18,000,000 shall be for construction under section 
     8007(a), $65,000,000 shall be for Federal property payments 
     under section 8002, and $5,000,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008: Provided, That for purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     section 8003(a) of the Elementary and Secondary Education Act 
     (20 U.S.C. 7703(a)) for school year 2005-2006, children 
     enrolled in a school of such agency that would otherwise be 
     eligible for payment under section 8003(a)(1)(B) of such Act, 
     but due to the deployment of both parents or legal guardians, 
     or a parent or legal guardian having sole custody of such 
     children, or due to the death of a military parent or legal 
     guardian while on active duty (so long as such children 
     reside on Federal property as described in section 
     8003(a)(1)(B)), are no longer eligible under such section, 
     shall be considered as eligible students under such section, 
     provided such students remain in average daily attendance at 
     a school in the same local educational agency they attended 
     prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by title II, part B of title IV, part A and subparts 6 and 9 
     of part D of title V, parts A and B of title VI, and parts B 
     and C of title VII of the Elementary and Secondary Education 
     Act of 1965 (``ESEA''); the McKinney-Vento Homeless 
     Assistance Act; section 203 of the Educational Technical 
     Assistance Act of 2002; the Compact of Free Association 
     Amendments Act of 2003; and the Civil Rights Act of 1964, 
     $5,308,564,000, of which $3,676,482,000 shall become 
     available on July 1, 2006, and remain available through 
     September 30, 2007, and of which $1,435,000,000 shall become 
     available on October 1, 2006, and shall remain available 
     through September 30, 2007, for academic year 2006-2007: 
     Provided, That funds made available to carry out part B of 
     title VII of the ESEA may be used for construction, 
     renovation and modernization of any elementary school, 
     secondary school, or structure related to an elementary 
     school or secondary school, run by the Department of 
     Education of the State of Hawaii, that serves a predominantly 
     Native Hawaiian student body: Provided further, That from the 
     funds referred to in the preceding proviso, not less than 
     $1,250,000 shall be for a grant to the Department of 
     Education of the State of Hawaii for the activities described 
     in such proviso, and $1,250,000 shall be for a grant to the 
     University of Hawaii School of Law for a Center of Excellence 
     in Native Hawaiian law: Provided further, That funds made 
     available to carry out part C of title VII of the ESEA may be 
     used for construction: Provided further, That $411,680,000 
     shall be for State assessments and related activities 
     authorized under sections 6111 and 6112 of the ESEA: Provided 
     further, That $56,825,000 shall be available to carry out 
     section 203 of the Educational Technical Assistance Act of 
     2002: Provided further, That $31,693,000 shall be available 
     to carry out part D of title V of the ESEA: Provided further, 
     That no funds appropriated under this heading may be used to 
     carry out section 5494 under the ESEA: Provided further, That 
     $12,132,000 shall be available to carry out the Supplemental 
     Education Grants program for the Federated States of 
     Micronesia, and $6,051,000 shall be available to carry out 
     the Supplemental Education Grants program for the Republic of 
     the Marshall Islands: Provided further, That up to 5 percent 
     of these amounts may be reserved by the Federated States of 
     Micronesia and the Republic of the Marshall Islands to 
     administer the Supplemental Education Grants programs and to 
     obtain technical assistance, oversight and consultancy 
     services in the administration of these grants and to 
     reimburse the United States Departments of Labor, Health and 
     Human Services, and Education for such services.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VII, part A of the Elementary and 
     Secondary Education Act of 1965, $119,889,000.

                       Innovation and Improvement

       For carrying out activities authorized by parts G and H of 
     title I, subpart 5 of part A and parts C and D of title II, 
     parts B, C, and D of title V, and section 1504 of the 
     Elementary and Secondary Education Act of 1965 (``ESEA''), 
     $945,947,000, of which $95,000,000 shall become available on 
     July 1, 2006 and remain available until September 30, 2007: 
     Provided, That $16,864,000 shall be available to carry out 
     section 2151(c) of the ESEA, of which not less than 
     $9,920,000 shall be provided to the National Board for 
     Professional Teaching Standards, and not less than $6,944,000 
     shall be provided to the American Board for the Certification 
     of Teacher Excellence: Provided further, That from funds for 
     subpart 4, part C of title II, up to 3 percent shall be 
     available to the Secretary for technical assistance and 
     dissemination of information: Provided further, That 
     $36,981,000 shall be for subpart 2 of part B of title V: 
     Provided further, That $260,111,000 shall be available to 
     carry out part D of title V of the ESEA, of which 
     $100,000,000 of the funds for subpart 1 shall be for 
     competitive grants to local educational agencies, including 
     charter schools that are local educational agencies, or 
     States, or partnerships of (1) a local educational agency, a 
     State, or both and (2) at least one non-profit organization 
     to develop and implement performance-based teacher and 
     principal compensation systems in high-need schools: Provided 
     further, That such performance-based compensation systems 
     must consider gains in student academic achievement as well 
     as classroom evaluations conducted multiple times during each 
     school year among other factors and provide educators with 
     incentives to take on additional responsibilities and 
     leadership roles: Provided further,

[[Page H10392]]

     That five percent of such funds for competitive grants shall 
     become available on October 1, 2005 for technical assistance, 
     training, peer review of applications, program outreach and 
     evaluation activities and that 95 percent shall become 
     available on July 1, 2006 and remain available through 
     September 30, 2007 for competitive grants.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by subpart 3 of part 
     C of title II, part A of title IV, and subparts 2, 3 and 10 
     of part D of title V of the Elementary and Secondary 
     Education Act of 1965 (``ESEA''), $736,886,000, of which 
     $350,000,000 shall become available on July 1, 2006 and 
     remain available through September 30, 2007: Provided, That 
     of the amount available for subpart 2 of part A of title IV 
     of the ESEA, $850,000 shall be used to continue the National 
     Recognition Awards program under the same guidelines outlined 
     by section 120(f) of Public Law 105-244: Provided further, 
     That $350,000,000 shall be available for subpart 1 of part A 
     of title IV and $224,580,000 shall be available for subpart 2 
     of part A of title IV, of which $1,449,000, to remain 
     available until expended, shall be for the Project School 
     Emergency Response to Violence program to provide education-
     related services to local educational agencies in which the 
     learning environment has been disrupted due to a violent or 
     traumatic crisis: Provided further, That $132,901,000 shall 
     be available to carry out part D of title V of the ESEA: 
     Provided further, That of the funds available to carry out 
     subpart 3 of part C of title II, up to $12,194,000 may be 
     used to carry out section 2345 and $3,025,000 shall be used 
     by the Center for Civic Education to implement a 
     comprehensive program to improve public knowledge, 
     understanding, and support of the Congress and the State 
     legislatures.

                      English Language Acquisition

       For carrying out part A of title III of the ESEA, 
     $675,765,000, which shall become available on July 1, 2006, 
     and shall remain available through September 30, 2007, except 
     that 6.5 percent of such amount shall be available on October 
     1, 2005 and shall remain available through September 30, 
     2007, to carry out activities under section 3111(c)(1)(C).

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act, $11,770,607,000, of which $6,141,604,000 shall 
     become available on July 1, 2006, and shall remain available 
     through September 30, 2007, and of which $5,424,200,000 shall 
     become available on October 1, 2006, and shall remain 
     available through September 30, 2007, for academic year 2006-
     2007: Provided, That $12,000,000 shall be for Recording for 
     the Blind and Dyslexic, Inc., to support the development, 
     production, and circulation of recorded educational 
     materials: Provided further, That $1,500,000 shall be for the 
     recipient of funds provided by Public Law 105-78 under 
     section 687(b)(2)(G) of the Act (as in effect prior to the 
     enactment of the Individuals with Disabilities Education 
     Improvement Act of 2004) to provide information on diagnosis, 
     intervention, and teaching strategies for children with 
     disabilities: Provided further, That the amount for section 
     611(b)(2) of the Act shall be equal to the amount available 
     for that activity during fiscal year 2005, increased by the 
     amount of inflation as specified in section 619(d)(2)(B) of 
     the Act.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998 (``the AT Act''), and the Helen Keller National Center 
     Act, $3,129,638,000, of which $1,000,000 shall be awarded to 
     the American Academy of Orthotists and Prosthetists for 
     activities that further the purposes of the grant received by 
     the Academy for the period beginning October 1, 2003, 
     including activities to meet the demand for orthotic and 
     prosthetic provider services and improve patient care: 
     Provided, That $30,760,000 shall be used for carrying out the 
     AT Act, including $4,385,000 for State grants for protection 
     and advocacy under section 5 of the AT Act and $3,760,000 
     shall be for alternative financing programs under section 
     4(b)(2)(D) of the AT Act: Provided further, That the Federal 
     share of grants for alternative financing programs shall not 
     exceed 75 percent, and the requirements in section 301(c)(2) 
     and section 302 of the AT Act (as in effect on the day before 
     the date of enactment of the Assistive Technology Act of 
     2004) shall not apply to such grants.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, as amended (20 
     U.S.C. 101 et seq.), $17,750,000.


               National Technical Institute for the Deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $56,708,000, of which $800,000 shall be 
     for construction and shall remain available until expended: 
     Provided, That from the total amount available, the Institute 
     may at its discretion use funds for the endowment program as 
     authorized under section 207.


                          Gallaudet University

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $108,079,000: Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207.

                     Vocational and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Technical Education Act of 
     1998, the Adult Education and Family Literacy Act, title 
     VIII-D of the Higher Education Amendments of 1998, and 
     subpart 4 of part D of title V of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''), $2,012,282,000, 
     of which $1,216,558,000 shall become available on July 1, 
     2006 and shall remain available through September 30, 2007 
     and of which $791,000,000 shall become available on October 
     1, 2006 and shall remain available through September 30, 
     2007: Provided, That of the amount provided for Adult 
     Education State Grants, $68,582,000 shall be made available 
     for integrated English literacy and civics education services 
     to immigrants and other limited English proficient 
     populations: Provided further, That of the amount reserved 
     for integrated English literacy and civics education, 
     notwithstanding section 211 of the Adult Education and Family 
     Literacy Act, 65 percent shall be allocated to States based 
     on a State's absolute need as determined by calculating each 
     State's share of a 10-year average of the Immigration and 
     Naturalization Service data for immigrants admitted for legal 
     permanent residence for the 10 most recent years, and 35 
     percent allocated to States that experienced growth as 
     measured by the average of the 3 most recent years for which 
     Immigration and Naturalization Service data for immigrants 
     admitted for legal permanent residence are available, except 
     that no State shall be allocated an amount less than $60,000: 
     Provided further, That of the amounts made available for the 
     Adult Education and Family Literacy Act, $9,096,000 shall be 
     for national leadership activities under section 243 and 
     $6,638,000 shall be for the National Institute for Literacy 
     under section 242: Provided further, That $94,476,000 shall 
     be available to support the activities authorized under 
     subpart 4 of part D of title V of the Elementary and 
     Secondary Education Act of 1965, of which up to 5 percent 
     shall become available October 1, 2005 and shall remain 
     available through September 30, 2007, for evaluation, 
     technical assistance, school networks, peer review of 
     applications, and program outreach activities, and of which 
     not less than 95 percent shall become available on July 1, 
     2006, and remain available through September 30, 2007, for 
     grants to local educational agencies: Provided further, That 
     funds made available to local educational agencies under this 
     subpart shall be used only for activities related to 
     establishing smaller learning communities within large high 
     schools or small high schools that provide alternatives for 
     students enrolled in large high schools: Provided further, 
     That $23,000,000 shall be for Youth Offender Grants.

                      Student Financial Assistance

       For carrying out subparts 1, 3, and 4 of part A, part C and 
     part E of title IV of the Higher Education Act of 1965, as 
     amended, $15,077,752,000, which shall remain available 
     through September 30, 2007.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2006-2007 shall be $4,050.

                       Student Aid Administration

       For Federal administrative expenses (in addition to funds 
     made available under section 458), to carry out part D of 
     title I, and subparts 1, 3, and 4 of part A, and parts B, C, 
     D and E of title IV of the Higher Education Act of 1965, as 
     amended, $120,000,000.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, and VII of the Higher Education 
     Act of 1965 (``HEA''), as amended, section 1543 of the Higher 
     Education Amendments of 1992, the Mutual Educational and 
     Cultural Exchange Act of 1961, title VIII of the Higher 
     Education Amendments of 1998, and section 117 of the Carl D. 
     Perkins Vocational and Technical Education Act, 
     $1,970,760,000: Provided, That $9,797,000, to remain 
     available through September 30, 2007, shall be available to 
     fund fellowships for academic year 2007-2008 under part A, 
     subpart 1 of title VII of said Act, under the terms and 
     conditions of part A, subpart 1: Provided further, That 
     notwithstanding any other provision of law or any regulation, 
     the Secretary of Education shall not require the use of a 
     restricted indirect cost rate for grants issued pursuant to 
     section 117 of the Carl D. Perkins Vocational and Technical 
     Education Act of 1998: Provided further, That $980,000 is for 
     data collection and evaluation activities for programs under 
     the HEA, including such activities needed to comply with the 
     Government Performance and Results Act of 1993: Provided 
     further, That notwithstanding any other provision of law, 
     funds made available in this Act to carry out title VI of the 
     HEA and section 102(b)(6) of the Mutual Educational and 
     Cultural Exchange Act of 1961 may be used to support visits 
     and study in foreign countries by individuals who are 
     participating in advanced foreign language training and 
     international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That of the funds referred to in the 
     preceding proviso up to 1 percent may be used for program 
     evaluation, national outreach, and information dissemination 
     activities: Provided further, That the funds provided for 
     title II of the HEA shall be allocated notwithstanding 
     section 210 of such Act.

                           Howard University

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $239,790,000, of which not less than $3,562,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.

[[Page H10393]]

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses to carry out activities 
     related to existing facility loans pursuant to section 121 of 
     the Higher Education Act of 1965, as amended $573,000.

  Historically Black College and University Capital Financing Program 
                                Account

       The aggregate principal amount of outstanding bonds insured 
     pursuant to section 344 of title III, part D of the Higher 
     Education Act of 1965, shall not exceed $357,000,000, and the 
     cost, as defined in section 502 of the Congressional Budget 
     Act of 1974, of such bonds shall not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title III, part D of the Higher 
     Education Act of 1965, as amended, $210,000.

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, as amended, the National 
     Assessment of Educational Progress Authorization Act, section 
     208 of the Educational Technical Assistance Act of 2002, and 
     section 664 of the Individuals with Disabilities Education 
     Act, $522,695,000, of which $271,560,000 shall be available 
     until September 30, 2007: Provided, That of the amount 
     provided to carry out title I, parts B and D of Public Law 
     107-279, not less than $25,257,000 shall be for the national 
     research and development centers authorized under section 
     133(c).

                        Departmental Management


                         Program Administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $415,303,000.


                        Office for Civil Rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $91,526,000.


                    Office of the Inspector General

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section 212 of the Department of 
     Education Organization Act, $49,000,000.

                           General Provisions

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303. No funds appropriated in this Act may be used to 
     prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.


                          (transfer of funds)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least 15 days in advance of any 
     transfer.
       Sec. 305. For an additional amount to carry out subpart 1 
     of part A of title IV of the Higher Education Act of 1965 for 
     the purpose of eliminating the estimated accumulated 
     shortfall of budget authority for such subpart, 
     $4,300,000,000, pursuant to section 303 of H. Con. Res. 95 
     (109th Congress), the concurrent resolution on the budget for 
     fiscal year 2006.
       Sec. 306. Subpart 12 of part D of title V of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7265 et seq.) 
     is amended--
       (1) in section 5522(b), by adding at the end the following:
       ``(4) To authorize and develop cultural and educational 
     programs relating to the Mississippi Band of Choctaw 
     Indians.'';
       (2) in section 5523(a)--
       (A) by redesignating paragraphs (6) through (8) as 
     paragraphs (7) through (9), respectively; and
       (B) by inserting after paragraph (5) the following:
       ``(6) The Mississippi Band of Choctaw Indians in Choctaw, 
     Mississippi.''; and
       (3) in section 5525, by adding at the end the following:
       ``(4) For cultural and educational programs, not less than 
     $2,000,000 to the Mississippi Band of Choctaw Indians in 
     Choctaw, Mississippi.''.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2006''.

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         Salaries and Expenses

       For expenses necessary of the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by 
     Public Law 92-28, $4,669,000.

             Corporation for National and Community Service


        Domestic Volunteer Service Programs, Operating Expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, $316,212,000: 
     Provided, That none of the funds made available to the 
     Corporation for National and Community Service in this Act 
     for activities authorized by section 122 of part C of title I 
     and part E of title II of the Domestic Volunteer Service Act 
     of 1973 shall be used to provide stipends or other monetary 
     incentives to volunteers or volunteer leaders whose incomes 
     exceed 125 percent of the national poverty level.


      National and Community Service Programs, Operating Expenses

                     (INCLUDING TRANSFER OF FUNDS)

       For necessary expenses for the Corporation for National and 
     Community Service (the ``Corporation'') in carrying out 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 
     et seq.), $520,087,000, to remain available until September 
     30, 2007: Provided, That not more than $267,500,000 of the 
     amount provided under this heading shall be available for 
     grants under the National Service Trust Program authorized 
     under subtitle C of title I of the Act (42 U.S.C. 12571 et 
     seq.) (relating to activities of the AmeriCorps program), 
     including grants to organizations operating projects under 
     the AmeriCorps Education Awards Program (without regard to 
     the requirements of sections 121(d) and (e), section 131(e), 
     section 132, and sections 140(a), (d), and (e) of the Act: 
     Provided further, That not less than $140,000,000 of the 
     amount provided under this heading, to remain available 
     without fiscal year limitation, shall be transferred to the 
     National Service Trust for educational awards authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601), of 
     which up to $4,000,000 shall be available to support national 
     service scholarships for high school students performing 
     community service, and of which $7,000,000 shall be held in 
     reserve as defined in Public Law 108-45: Provided further, 
     That in addition to amounts otherwise provided to the 
     National Service Trust under the second proviso, the 
     Corporation may transfer funds from the amount provided under 
     the first proviso, to the National Service Trust authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601) upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to Congress: Provided further, That of the 
     amount provided under this heading for grants under the 
     National Service Trust program authorized under subtitle C of 
     title I of the Act, not more than $55,000,000 may be used to 
     administer, reimburse, or support any national service 
     program authorized under section 121(d)(2) of such Act (42 
     U.S.C. 12581(d)(2)): Provided further, That not more than 
     $16,445,000 shall be available for quality and innovation 
     activities authorized under subtitle H of title I of the Act 
     (42 U.S.C. 12853 et seq.): Provided further, That 
     notwithstanding subtitle H of title I of the Act (42 U.S.C. 
     12853), none of the funds provided under the previous proviso 
     shall be used to support salaries and related expenses 
     (including travel) attributable to Corporation employees: 
     Provided further, That to the maximum extent feasible, funds 
     appropriated under subtitle C of title I of the Act shall be 
     provided in a manner that is consistent with the 
     recommendations of peer review panels in order to ensure that 
     priority is given to programs that demonstrate quality, 
     innovation, replicability, and sustainability: Provided 
     further, That $27,000,000 of the funds made available under 
     this heading shall be available for the Civilian Community 
     Corps authorized under subtitle E of title I of the Act (42 
     U.S.C. 12611 et seq.): Provided further, That $37,500,000 
     shall be available for school-based and community-based 
     service-learning programs authorized under subtitle B of 
     title I of the Act (42 U.S.C. 12521 et seq.): Provided 
     further, That $4,000,000 shall be available for audits and 
     other evaluations authorized under section 179 of the Act (42 
     U.S.C. 12639): Provided further, That $10,000,000 of the 
     funds made available under this heading shall be made 
     available for the Points of Light Foundation for activities 
     authorized under title III of the Act (42 U.S.C. 12661 et 
     seq.), of which not more than $2,500,000 may be used to 
     support an endowment fund, the corpus of which shall remain 
     intact and the interest income from which shall be used to 
     support activities described in title III of the Act, 
     provided that the Foundation may invest the corpus and income 
     in federally insured bank savings accounts or comparable 
     interest bearing accounts, certificates of deposit, money 
     market funds, mutual funds, obligations of the United States, 
     and other market instruments and securities but not in real 
     estate investments: Provided further, That no funds shall be 
     available for national service programs run by Federal 
     agencies authorized under section 121(b) of such Act (42 
     U.S.C. 12571(b)): Provided further, That $5,000,000 of the 
     funds made available under this heading shall be made 
     available to America's Promise--The Alliance for Youth, Inc.: 
     Provided further, That to the maximum extent practicable, the 
     Corporation shall increase significantly the level of 
     matching funds and in-kind contributions provided by the 
     private sector, and shall reduce the total Federal costs per 
     participant in all programs: Provided further, That 
     notwithstanding section 501(a)(4) of the Act, of the funds 
     provided under this heading, not more than $12,642,000 shall 
     be

[[Page H10394]]

     made available to provide assistance to state commissions on 
     national and community service under section 126(a) of the 
     Act: Provided further, That the Corporation may use up to 1 
     percent of program grant funds made available under this 
     heading to defray its costs of conducting grant application 
     reviews, including the use of outside peer reviewers.


                         SALARIES AND EXPENSES

       For necessary expenses of administration as provided under 
     section 501(a)(4) of the National and Community Service Act 
     of 1990 (42 U.S.C. 12501 et seq.) and under section 504(a) of 
     the Domestic Volunteer Service Act of 1973, including payment 
     of salaries, authorized travel, hire of passenger motor 
     vehicles, the rental of conference rooms in the District of 
     Columbia, the employment of experts and consultants 
     authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 
     official reception and representation expenses, $66,750,000.


                      OFFICE OF INSPECTOR GENERAL

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $6,000,000, to remain available until September 30, 
     2007.


                       ADMINISTRATIVE PROVISIONS

       Notwithstanding any other provision of law, the term 
     ``qualified student loan'' with respect to national service 
     education awards shall mean any loan determined by an 
     institution of higher education to be necessary to cover a 
     student's cost of attendance at such institution and made, 
     insured, or guaranteed directly to a student by a State 
     agency, in addition to other meanings under section 148(b)(7) 
     of the National and Community Service Act.
       Notwithstanding any other provision of law, funds made 
     available under section 129(d)(5)(B) of the National and 
     Community Service Act to assist entities in placing 
     applicants who are individuals with disabilities may be 
     provided to any entity that receives a grant under section 
     121 of the Act.
       The Inspector General of the Corporation for National and 
     Community Service shall conduct random audits of the grantees 
     that administer activities under the AmeriCorps programs and 
     shall levy sanctions in accordance with standard Inspector 
     General audit resolution procedures which include, but are 
     not limited to, debarment of any grantee (or successor in 
     interest or any entity with substantially the same person or 
     persons in control) that has been determined to have 
     committed any substantial violations of the requirements of 
     the AmeriCorps programs, including any grantee that has been 
     determined to have violated the prohibition of using Federal 
     funds to lobby the Congress: Provided, That the Inspector 
     General shall obtain reimbursements in the amount of any 
     misused funds from any grantee that has been determined to 
     have committed any substantial violations of the requirements 
     of the AmeriCorps programs.
       For fiscal year 2006, the Corporation shall make any 
     significant changes to program requirements or policy only 
     through public notice and comment rulemaking. For fiscal year 
     2006, during any grant selection process, no officer or 
     employee of the Corporation shall knowingly disclose any 
     covered grant selection information regarding such selection, 
     directly or indirectly, to any person other than an officer 
     or employee of the Corporation that is authorized by the 
     Corporation to receive such information.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2008, $400,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex: Provided further, That for fiscal 
     year 2006, in addition to the amounts provided above, 
     $30,000,000 shall be for costs related to digital program 
     production, development, and distribution, associated with 
     the transition of public broadcasting to digital 
     broadcasting, to be awarded as determined by the Corporation 
     in consultation with public radio and television licensees or 
     permittees, or their designated representatives: Provided 
     further, That for fiscal year 2006, in addition to the 
     amounts provided above, $35,000,000 shall be for the costs 
     associated with replacement and upgrade of the public 
     television interconnection system: Provided further, That 
     none of the funds made available to the Corporation for 
     Public Broadcasting by this Act, Public Law 108-199 or Public 
     Law 108-7, shall be used to support the Television Future 
     Fund or any similar purpose.

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     for expenses necessary for the Labor-Management Cooperation 
     Act of 1978 (29 U.S.C. 175a); and for expenses necessary for 
     the Service to carry out the functions vested in it by the 
     Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 
     71), $43,031,000, including $400,000, to remain available 
     through September 30, 2007, for activities authorized by the 
     Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): 
     Provided, That notwithstanding 31 U.S.C. 3302, fees charged, 
     up to full-cost recovery, for special training activities and 
     other conflict resolution services and technical assistance, 
     including those provided to foreign governments and 
     international organizations, and for arbitration services 
     shall be credited to and merged with this account, and shall 
     remain available until expended: Provided further, That fees 
     for arbitration services shall be available only for 
     education, training, and professional development of the 
     agency workforce: Provided further, That the Director of the 
     Service is authorized to accept and use on behalf of the 
     United States gifts of services and real, personal, or other 
     property in the aid of any projects or functions within the 
     Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission (30 U.S.C. 801 et seq.), $7,809,000.

                Institute of Museum and Library Services


    Office of Museum and Library Services: Grants and Administration

       For carrying out the Museum and Library Services Act of 
     1996, $249,640,000, to remain available until expended.

                  Medicare Payment Advisory Commission


                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $10,168,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science


                         Salaries and Expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended), $993,000.

                     National Council on Disability


                         Salaries and Expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $3,144,000.

                     National Labor Relations Board


                         Salaries and Expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $252,268,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 
     percent of the water stored or supplied thereby is used for 
     farming purposes.

                        National Mediation Board


                         Salaries and Expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $11,628,000.

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $10,510,000.

                       Railroad Retirement Board


                     Dual Benefits Payments Account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $97,000,000, which shall include amounts becoming 
     available in fiscal year 2006 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $97,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          Federal Payments to the Railroad Retirement Accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2007, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      Limitation on Administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $102,543,000, to be 
     derived in such amounts as determined by the Board from the 
     railroad retirement accounts and from moneys credited to the 
     railroad unemployment insurance administration fund.


             Limitation on the Office of Inspector General

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $7,196,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the

[[Page H10395]]

     funds made available in any other paragraph of this Act may 
     be transferred to the Office; used to carry out any such 
     transfer; used to provide any office space, equipment, office 
     supplies, communications facilities or services, maintenance 
     services, or administrative services for the Office; used to 
     pay any salary, benefit, or award for any personnel of the 
     Office; used to pay any other operating expense of the 
     Office; or used to reimburse the Office for any service 
     provided, or expense incurred, by the Office.

                     Social Security Administration


                Payments to Social Security Trust Funds

       For payment to the Federal Old-Age and Survivors Insurance 
     and the Federal Disability Insurance trust funds, as provided 
     under sections 201(m), 228(g), and 1131(b)(2) of the Social 
     Security Act, $20,470,000.


                  Supplemental Security Income Program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $29,369,174,000, to 
     remain available until expended: Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2007, 
     $11,110,000,000, to remain available until expended.


                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $15,000 for official 
     reception and representation expenses, not more than 
     $9,079,400,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $2,000,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances of funds 
     provided under this paragraph at the end of fiscal year 2006 
     not needed for fiscal year 2006 shall remain available until 
     expended to invest in the Social Security Administration 
     information technology and telecommunications hardware and 
     software infrastructure, including related equipment and non-
     payroll administrative expenses associated solely with this 
     information technology and telecommunications infrastructure: 
     Provided further, That reimbursement to the trust funds under 
     this heading for expenditures for official time for employees 
     of the Social Security Administration pursuant to section 
     7131 of title 5, United States Code, and for facilities or 
     support services for labor organizations pursuant to 
     policies, regulations, or procedures referred to in section 
     7135(b) of such title shall be made by the Secretary of the 
     Treasury, with interest, from amounts in the general fund not 
     otherwise appropriated, as soon as possible after such 
     expenditures are made.
       In addition, $119,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such section 1616(d) or 212(b)(3) in 
     fiscal year 2006 exceed $119,000,000, the amounts shall be 
     available in fiscal year 2007 only to the extent provided in 
     advance in appropriations Acts.
       In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act (Public Law 108-203), which shall remain 
     available until expended.


                      Office of Inspector General

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $26,000,000, together with not to exceed 
     $66,400,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House and Senate.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Salaries and expenses, Federal Mediation and Conciliation 
     Service''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``Salaries and expenses, National Mediation 
     Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated in this Act shall be used to carry out 
     any program of distributing sterile needles or syringes for 
     the hypodermic injection of any illegal drug.
       Sec. 506. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 507. (a) None of the funds appropriated in this Act, 
     and none of the funds in any trust fund to which funds are 
     appropriated in this Act, shall be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 508. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established by section 202 
     of the Controlled Substances Act (21 U.S.C. 812).
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.

[[Page H10396]]

       Sec. 511. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 512. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 513. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 514. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
     Children's Internet Protections Act, unless such library has 
     made the certifications required by paragraph (4) of such 
     section.
       Sec. 515. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the 
     Children's Internet Protections Act and the No Child Left 
     Behind Act, unless the local educational agency with 
     responsibility for such covered school has made the 
     certifications required by paragraph (2) of such section.
       Sec. 516. None of the funds appropriated in this Act may be 
     used to enter into an arrangement under section 7(b)(4) of 
     the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) 
     with a nongovernmental financial institution to serve as 
     disbursing agent for benefits payable under the Railroad 
     Retirement Act of 1974.
       Sec. 517. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2006, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;

     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming or of an announcement of intent relating to 
     such reprogramming, whichever occurs earlier.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2006, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;

     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming or of an announcement of intent relating to 
     such reprogramming, whichever occurs earlier.
       Sec. 518. (a) Section 316 of the Immigration and 
     Nationality Act (8 U.S.C. 1427), is amended by adding at the 
     end the following:
       ``(g)(1) The continuous residency requirement under 
     subsection (a) may be reduced to 3 years for an applicant for 
     naturalization if--
       ``(A) the applicant is the beneficiary of an approved 
     petition for classification under section 204(a)(1)(E);
       ``(B) the applicant has been approved for adjustment of 
     status under section 245(a); and
       ``(C) such reduction is necessary for the applicant to 
     represent the United States at an international event.
       ``(2) The Secretary of Homeland Security shall adjudicate 
     an application for naturalization under this section not 
     later than 30 days after the submission of such application 
     if the applicant--
       ``(A) requests such expedited adjudication in order to 
     represent the United States at an international event; and
       ``(B) demonstrates that such expedited adjudication is 
     related to such representation.
       ``(3) An applicant is ineligible for expedited adjudication 
     under paragraph (2) if the Secretary of Homeland Security 
     determines that such expedited adjudication poses a risk to 
     national security. Such a determination by the Secretary 
     shall not be subject to review.
       ``(4)(A) In addition to any other fee authorized by law, 
     the Secretary of Homeland Security shall charge and collect a 
     $1,000 premium processing fee from each applicant described 
     in this subsection to offset the additional costs incurred to 
     expedite the processing of applications under this 
     subsection.
       ``(B) The fee collected under subparagraph (A) shall be 
     deposited as offsetting collections in the Immigration 
     Examinations Fee Account.''.
       (b) The amendment made by subsection (a) is repealed on 
     January 1, 2006.
       Sec. 519. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate scientific information that is 
     deliberately false or misleading.
       Sec. 520. None of the funds made available in this Act may 
     be used to reimburse, or provide reimbursement for drugs 
     approved to treat erectile dysfunction.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2006''.
       And the Senate agree to the same.
     Ralph Regula,
     Ernest Istook, Jr.,
     Roger F. Wicker,
     Anne M. Northup,
     Randy ``Duke'' Cunningham,
     Kay Granger,
     John E. Peterson,
     Don Sherwood,
     Dave Weldon,
     Jim Walsh,
     Jerry Lewis,
                                Managers on the Part of the House.

     Arlen Specter,
     Thad Cochran,
     Judd Gregg,
     Kay Bailey Hutchison,
     Larry E. Craig,
     Ted Stevens,
     Mike DeWine,
     Richard Shelby,
     Pete V. Domenici,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3010) making 
     appropriations for the Departments of Labor, Health and Human 
     Services, and Education, and Related Agencies for the fiscal 
     year ending September 30, 2006, and for other purposes, 
     submit the following joint statement of the House and Senate 
     in explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       In implementing this agreement, the Departments and 
     agencies should be guided by the language and instructions 
     set forth in House Report 109-143 and Senate Report 109-103 
     accompanying the bill, H.R. 3010.
       In the cases where the language and instructions in either 
     report specifically address the allocation of funds, each has 
     been reviewed by the conferees and those that are jointly 
     concurred in have been endorsed in this joint statement.
       In the cases in which the House or the Senate reports 
     request or direct the submission of a report, such report is 
     to be submitted to both the House and Senate Committees on 
     Appropriations.
       The conferees note that section 517 sets forth the 
     reprogramming requirements and limitations for the 
     Departments and agencies funded through this Act, including 
     the requirement to make a written request to the chairmen of 
     the Committees 15 days prior to reprogramming, or to the 
     announcement of intent to reprogram, funds in excess of 10 
     percent, or $500,000, whichever is less, between programs, 
     projects and activities.
       Finally, the conferees request that statements on the 
     effect of this appropriation Act on the Departments and 
     agencies funded in this Act be submitted to the Committees 
     within 45 days of enactment of this Act. The conferees expect 
     that these statements will provide sufficient detail to show 
     the allocation of funds among programs, projects and 
     activities, particularly in accounts where the final 
     appropriation is different than that of the budget request. 
     Furthermore, the conferees request the statements to also 
     include the effect of the appropriation on any new activities 
     or major initiatives discussed in the budget justifications 
     accompanying the fiscal year 2006 budget.
       The Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2006, put 
     in place by this bill, incorporates the following agreements 
     of the managers:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

                        (including rescissions)

       The conference agreement includes $5,115,411,000 for 
     training and employment

[[Page H10397]]

     services, instead of $5,121,792,000 as proposed by the House 
     and $5,250,806,000 as proposed by the Senate. Of the amount 
     appropriated, $2,463,000,000 is an advance appropriation for 
     fiscal year 2007, as proposed by the House and the Senate.
       The conference agreement includes bill language as proposed 
     by the Senate requiring that the Secretary of Labor take no 
     action to amend the definition established in 20 CFR 667.220 
     for functions and activities under title I of the Workforce 
     Investment Act of 1998, or to modify the procedure for 
     designation of local areas as specified in that Act until 
     such time as legislation reauthorizing the Act is enacted. 
     The House bill contained a similar provision.
       For Adult Employment and Training Activities, the 
     conference agreement includes $865,736,000 as proposed by the 
     House, instead of $893,618,000 as proposed by the Senate.
       For Youth Training, the conference agreement includes 
     $950,000,000 as proposed by the House instead of $986,288,000 
     as proposed by the Senate.
       The conference agreement includes $1,476,064,000 for the 
     Dislocated Worker program, as proposed by the Senate, instead 
     of $1,405,264,000 as proposed by the House. The conferees 
     override the formula that provides that 80 percent of the 
     funds provided will be used for State formula grants and 20 
     percent in a National Reserve Account. For program year 2006 
     the conferees provide $1,193,264,000 for the State formula 
     grants and $282,800,000 for the National Reserve Account.
       The conferees direct that the Department submit a quarterly 
     report beginning in January, 2006 to the House and Senate 
     Appropriations Committees on the status of H-1B and National 
     Emergency Grant awards. This quarterly report shall be 
     submitted to the House and Senate Committees on 
     Appropriations no later than 15 days after the end of each 
     quarter and shall summarize the following information: total 
     available funds for the current program year, funding 
     requests made, funding comments made, and amounts actually 
     awarded for the quarter and for the current program year, 
     total outstanding funding commitments from all program years, 
     and total unpaid funding commitments from all program years. 
     The report shall also include a list of each award (both new 
     awards and modifications to existing awards) made during the 
     quarter, including the grantee, funding commitment, amount 
     released, and unpaid commitment for each award, and the 
     number of workers to be trained.
       The conferees direct that the Department submit a quarterly 
     report beginning in January 2006 to the House and Senate 
     Appropriations Committees on the status of awards made under 
     the High-Growth Job Training Initiative. This quarterly 
     report shall be submitted to the House and Senate Committees 
     on Appropriations no later than 15 days after the end of each 
     quarter and shall summarize by funding source (dislocated 
     worker demonstration funds, community college initiative, H-
     1B fees, pilots and demonstrations, etc.) the total amount 
     allocated to the High-Growth Job Training Initiative for the 
     quarter and the program year. This report shall also include 
     a list of all awards made during the quarter and for each 
     award shall include the grantee, the amount of the award, the 
     funding source of the award, whether the award was made 
     competitively or by sole source and, if sole source, the 
     justification, the purpose of the award, the number of 
     workers to be trained, and other expected outcomes.
       The conference agreement includes bill language as proposed 
     by the Senate giving the Secretary of Labor authority to use 
     dislocated worker national reserve funds to provide 
     assistance to a State for statewide or local use in order to 
     address cases where there have been worker dislocations 
     across multiple sectors or across multiple local areas. The 
     House bill contained no similar provision. The conferees urge 
     the Secretary, when determining competitive awards under this 
     authority, to give favorable consideration to the 
     applications of assistance to States that have sustained 
     worker dislocation in such a manner and can demonstrate the 
     capacity to respond effectively in a coordinated fashion 
     across multiple sectors or local areas.
       The conference agreement includes $1,573,000,000 for Job 
     Corps, instead of $1,542,019,000 as proposed by the House and 
     $1,582,000,000 as proposed by the Senate. Within the total, 
     $1,465,000,000 is provided for continuing operations of the 
     program and $108,000,000 is for renovation and construction 
     of Job Corps centers. The conference agreement includes 
     $8,000,000 for second year funding of Job Corps expansion. 
     This is in addition to $10,000,000 previously appropriated. 
     In the selection process to award these and the previously 
     appropriated funds for incremental expansion of Job Corps, 
     the Department is directed to follow guidance provided in 
     Senate Report 109-103 and in the report accompanying Public 
     Law 108-199 regarding the priority for States that currently 
     do not have a center and for a new site that can be quickly 
     launched as a satellite (residential or non-residential) of a 
     Job Corps center that is serving an entire State or region, 
     and then later be converted to a stand-alone facility.
       The conferees strongly urge the Director of Job Corps to 
     extend the work of the Appalachian Council for career 
     transition support services, and implement through the NJCA 
     Foundation for Youth Opportunities, foundation initiated and 
     nationally coordinated programs and services that raise 
     public awareness and support for at-risk youth. The conferees 
     expect the Director of Job Corps to implement these awards by 
     no later than January 31, 2006, or as soon thereafter that 
     the new independent Office of Job Corps is established.
       For Migrant and Seasonal Farmworkers, the conference 
     agreement includes a total of $80,557,000 as proposed by the 
     Senate, instead of $75,795,000 as proposed by the House. 
     Within the total, $75,053,000 is for State service area 
     grants. This includes $5,000,000 for housing grants and 
     $3,840,000 to fund grantees in States impacted by formula 
     reductions below the amount they were allotted in program 
     year 2004. The agreement also includes bill language not 
     contained in House or Senate bills which prohibits the 
     Department from restricting the provision of ``related 
     assistance'' services by grantees. Such services are often 
     critical to the stabilization and availability of the farm 
     labor workforce.
       The conference agreement provides $2,000,000 for other 
     National Activities as proposed by the House, instead of 
     $3,458,000 as proposed by the Senate. Of this amount, 
     $982,000 is for carrying out Public Law 102-530, the Women in 
     Apprenticeship and Non-Traditional Occupations Act of 1992, 
     and $504,000 is to be used for training, technical assistance 
     and related activities, including migrant rest center 
     activities, authorized under section 167 of the Workforce 
     Investment Act of 1998.
       For Pilots, Demonstrations and Research, the conference 
     agreement includes $30,000,000, instead of $74,000,000 as 
     proposed by the House and $90,367,000 as proposed by the 
     Senate.
       The conferees encourage the Department of Labor to 
     establish a pilot grant program under 171(b) of the Workforce 
     Investment Act of 1998 to award competitive placement and 
     retention grants to qualified nonprofit organizations that 
     offer low income individuals' intensive assessment, education 
     and training, placement, and retention services, including 
     job coaching. The employment should provide the low income 
     individuals with an annual salary at least twice the poverty 
     line applicable to the individual. After placement, such 
     organizations shall be eligible for retention grants once low 
     income individuals remain with the same employer for a period 
     of one year, taking into account the benefits received by the 
     federal government and the community from the individuals' 
     employment.
       The conference agreement includes $49,600,000 for 
     Responsible Reintegration of Youthful Offenders, instead of 
     $50,000,000 as proposed by the Senate. The House did not 
     recommend funds for this activity.
       The conference agreement includes $125,000,000 to carry out 
     the Community College/Community-Based Job Training Grant 
     initiative. The conference agreement includes bill language 
     as proposed by the Senate which provides that this amount is 
     to be allocated from National Emergency Grant funds available 
     under section 132(a)(2)(A) of the Workforce Investment Act of 
     1998, overriding the limitation otherwise imposed under 
     section 171(d). The House bill contained no similar 
     provision. The conferees expect the Secretary to initially 
     use resources from the National Emergency Grants account for 
     these awards that are designated for non-emergencies under 
     sections 171(d) and 170(b) of the Workforce Investment Act of 
     1998. Community-Based Job Training Grant awards will also be 
     subject to the limitations of sections 171(c)(4)(A) through 
     171(c)(4)(C) of the Workforce Investment Act of 1998 to 
     ensure that these grants are awarded competitively. The 
     conferees direct that future solicitations for grant 
     applications for the Community-Based Job Training initiative 
     include One Stop Career Centers as eligible applicants. The 
     conference agreement rescinds $125,000,000 in funds provided 
     in fiscal year 2005 for this program, as proposed by the 
     House; the Senate bill contained no similar provision.
       For the Denali Commission, the conference agreement 
     provides $6,944,000 as proposed by the Senate for job 
     training services. The House recommendation did not include 
     funds for this activity.


     State Unemployment Insurance and Employment Service Operations

       The conference agreement includes $3,392,078,000 for State 
     Unemployment Insurance and Employment Service Operations, 
     instead of $3,470,366,000 as proposed by the House and 
     $3,361,779,000 as proposed by the Senate. For unemployment 
     insurance services, the bill provides $2,533,000,000 instead 
     of $2,632,915,000 as proposed by the House and $2,485,000,000 
     as proposed by the Senate. The conference agreement includes 
     $2,523,000,000 for UI State Operations instead of 
     $2,622,499,000 as proposed by the House and $2,475,000,000 as 
     proposed by the Senate. The agreement includes a contingency 
     reserve amount should the unemployment workload exceed an 
     average weekly insured claims volume of 2,800,000 instead of 
     2,984,000 as proposed by the House. The conference agreement 
     does not include language, similar in both House and Senate 
     bills, providing $40,000,000 for new unemployment insurance 
     administrative activities.
       For the Employment Service grants to States, the agreement 
     includes $723,114,000 instead of $696,000,000 as proposed by 
     the House and $746,302,000 as proposed by the Senate. This 
     includes $23,114,000 in general funds as proposed by the 
     Senate instead of $23,300,000 as proposed by the House and

[[Page H10398]]

     $700,000,000 from the ``Employment Security Administration'' 
     account of the unemployment trust fund instead of 
     $672,700,000 as proposed by the House and $723,188,000 as 
     proposed by the Senate. The conference agreement does not 
     include funding to continue Reemployment Services Grants.
       The conference agreement includes $17,856,000 for the work 
     opportunity tax credit program as proposed by the Senate. The 
     House report contained no similar provision.


                         Program Administration

       The conference agreement includes $200,000,000 for Program 
     Administration as proposed by the Senate, instead of 
     $206,111,000 as proposed by the House. The detailed table at 
     the end of this joint statement reflects the activity 
     distribution agreed to by the conferees.
       The conference agreement deletes language proposed by the 
     House specifying that not to exceed $3,000,000 shall be 
     available for contracts that are not competitively bid. The 
     Senate bill contained no similar provision.

               Employee Benefits Security Administration


                         Salaries and Expenses

       The conference agreement includes $134,900,000 as proposed 
     by the Senate, instead of $137,000,000 as proposed by the 
     House. The detailed table at the end of this joint statement 
     reflects the activity distribution agreed to by the 
     conferees.

                  Employment Standards Administration


                         Salaries and Expenses

       The conference agreement includes $415,216,000 for the 
     Employment Standards Administration, salaries and expenses, 
     instead of $416,332,000 as proposed by the House and 
     $412,616,000 as proposed by the Senate. Within the amount for 
     Program Direction and Support the conference agreement 
     includes $2,000,000 as proposed by the Senate to make 
     available personnel and other resources to facilitate the 
     expeditious startup of a system to resolve the claims of 
     injury caused by asbestos exposure. The detailed table at the 
     end of this joint statement reflects the activity 
     distribution agreed to by the conferees.
       The conference agreement deletes language proposed by the 
     Senate authorizing the Secretary of Labor to accept, retain, 
     and spend all sums of money ordered to be paid in accordance 
     with the Consent Judgment in the case with the Northern 
     Mariana Islands. This provision, carried in the bill in prior 
     years, is no longer necessary. The House bill contained no 
     similar provision.
       The conferees note that the Employment Standards 
     Administration's most recent regulatory plan indicates that 
     the Employment Standards Administration plans to issue in 
     December 2005 a notice of proposed rulemaking on the Family 
     and Medical Leave Act (FMLA). The conferees urge that the 
     Employment Standards Administration consider providing ample 
     time (more than the 60 days indicated in the regulatory plan) 
     for careful consideration of any proposed changes to the FMLA 
     regulations.


                            Special Benefits

                     (Including Transfer of Funds)

       Within the total transferred to this account from fair 
     share entities to pay the cost of administration of the 
     Federal Employees' Compensation Act, the conference agreement 
     provides that $27,148,000 shall be made available for 
     automated workload processing operations, including document 
     imaging, centralized mail intake and medical bill processing, 
     as proposed by the Senate, instead of $18,454,000 as proposed 
     by the House.

               Administrative Expenses, Energy Employees


                 Occupational Illness Compensation Fund

                     (Including Transfer of Funds)

       Within the total, the conference agreement includes a 
     proviso transferring $4,500,000 to the National Institute for 
     Occupational Safety and Health for use by the Advisory Board 
     on Radiation and Worker Health, as proposed by the Senate. 
     The House bill contained no similar provision.

             Occupational Safety and Health Administration


                         Salaries and Expenses

       The conference agreement includes $477,199,000 for the 
     Occupational Safety and Health Administration as proposed by 
     the House instead of $477,491,000 as proposed by the Senate. 
     The detailed table at the end of this joint statement 
     reflects the activity distribution agreed to by the 
     conferees.
       The conference agreement includes a limitation regarding 
     OSHA's enforcement of the Respiratory Standard as it applies 
     to tuberculosis, as proposed by the House. The Senate bill 
     contained no similar provision.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       The conference agreement includes a provision that 
     authorizes the Secretary to recognize the Joseph A. Holmes 
     Safety Association as a principal safety association and to 
     provide funds and personnel to the organization, as proposed 
     by the House. The Senate bill contained no similar provision.

                       Bureau of Labor Statistics


                         Salaries and Expenses

       The conference agreement includes a provision maintaining 
     the women worker series from the Current Employment Survey as 
     proposed by the Senate. The House bill contained no similar 
     provision.

                 Office of Disability Employment Policy


                         Salaries and Expenses

       The conference agreement includes $27,934,000 for the 
     Office of Disability Employment Policy as proposed by the 
     House, instead of $47,164,000 as proposed by the Senate.
       Within the total, the conferees have included $5,000,000 
     for a national initiative focusing on self-employment as an 
     option for persons with disabilities, to be allocated 
     according to the conditions in Senate Report 109-103. In 
     addition, the conferees concur with the Senate in directing 
     that the existing, structured ``Public Service Internship 
     Program for Students with Disabilities'' be continued through 
     fiscal year 2006 at no less than current appropriations 
     levels. The House recommendation contained no similar 
     provisions.

                        Departmental Management


                         Salaries and Expenses

       The conference agreement includes $300,586,000 for 
     Departmental Management, salaries and expenses, instead of 
     $239,783,000 as proposed by the House and $320,561,000 as 
     proposed by the Senate. The detailed table at the end of this 
     joint statement reflects the activity distribution agreed to 
     by the conferees.
       The conference agreement includes $73,248,000 for the 
     Bureau of International Labor Affairs (ILAB), instead of 
     $12,419,000 as proposed by the House and $93,248,000 as 
     proposed by the Senate. Of this amount, the conferees' 
     recommendation includes $38,000,000 for the U.S. contribution 
     to the ILO's International Program for the Elimination of 
     Child Labor [IPEC] and $23,000,000 for bilateral assistance 
     to improve access to basic education in international areas 
     with a high rate of abusive and exploitative child labor. The 
     conferees concur with the Senate directive that $4,500,000 of 
     the basic education funds be distributed in a 3-year grant to 
     a human rights center at a major university with expertise in 
     African studies, child labor and business ethics to provide 
     critical oversight of both the public and private investment. 
     The conferees expect that any grant or contract to provide 
     this oversight will include annual reporting requirements to 
     both the Congress and the Department by the end of each 
     federal fiscal year. That report should cite progress made on 
     key points of the protocol including: development of a child 
     labor monitoring system by industry, the elimination of the 
     worst forms of child labor in the supply chain, and the 
     development of an industry-wide, public, transparent 
     certification system covering at least 50 percent of the 
     growing area in the Ivory Coast and Ghana.
       For other ILAB programs, including 125 FTE for Federal 
     Administration, the conferees have included $12,248,000. 
     Within this amount, the conferees have included sufficient 
     funding for the compilation of the statutorily required 
     report tracking the progress of countries that are designated 
     as beneficiaries under the U.S. Generalized System of 
     Preferences [GSP] or former GSP recipients who achieved a 
     free trade agreement over the preceding two years. The 
     conferees concur with a Senate mandate that the 2006 report 
     shall be transmitted to the Congress no later than September 
     1, 2006.
       The conference agreement does not include provisos in the 
     Senate bill intended to ensure that decisions on appeals of 
     Longshore and Harbor Worker?s Compensation Act claims are 
     reached in a timely manner. The House bill did not include 
     similar provisions. Carried in previous years, the provisos 
     are no longer considered necessary to avoid delays.
       The conferees do not retain language in the House report 
     regarding employee benefit products covered by the Employee 
     Retirement Income Security Act.


                    Veterans Employment and Training

       The conference agreement includes $224,334,000 for Veterans 
     Employment and Training as proposed by the Senate, instead of 
     $229,334,000 as proposed by the House. The detailed table at 
     the end of this joint statement reflects the activity 
     distribution agreed to by the conferees.
       The conferees are pleased by the number of programs being 
     undertaken by a variety of federal agencies, including the 
     Centers for Medicare and Medicaid Services and the Internal 
     Revenue Service, to employ persons with disabilities in 
     telework occupations. With a significant number of veterans 
     coming home with physical impairments, the conferees urge the 
     department to pursue interagency efforts to help disabled 
     veterans achieve employment in the federal government through 
     telework and other innovative programs.


                      Office of Inspector General

       The conference agreement includes $71,819,000 for the 
     Office of Inspector General, instead of $70,819,000 as 
     proposed by the House and $72,819,000 as proposed by the 
     Senate.

                           GENERAL PROVISIONS


                               Job Corps

       The conference agreement includes language that prohibits 
     the use of funds for the Job Corps to pay the salary of any 
     individual, either as direct costs or any pro-ration as an 
     indirect cost, at a rate in excess of Executive Level I, 
     instead of Executive Level II as proposed by the House. The 
     Senate bill did not contain a similar provision.
       The conference agreement includes language not contained in 
     House or Senate bills

[[Page H10399]]

     directing the Secretary to establish and maintain an Office 
     of Job Corps within the Office of the Secretary of Labor. The 
     Secretary is directed to transfer current Job Corps functions 
     and staff from the Employment and Training Administration to 
     the Job Corps office established in the Office of the 
     Secretary. To ensure continuity, the Secretary is further 
     directed to staff the new agency with the staff in place as 
     of October 1, 2005 and at a level of FTE approved as of 
     October 31, 2005.


                     One Percent Transfer Authority

       The conference agreement includes a provision as proposed 
     by the Senate limiting the authority to transfer or reprogram 
     funds between a program, project or activity and requiring a 
     15 day notification of any reprogramming request or 
     announcement of such transfer or reprogramming request. The 
     House bill contained a similar provision.


                           Denali Commission

       The conference agreement includes a provision as proposed 
     by the Senate that authorizes to be appropriated such sums as 
     may be necessary to the Denali Commission to conduct job 
     training where Denali Commission projects will be 
     constructed. The House bill contained no similar provision.


                      Congressional Justifications

       The conference agreement includes bill language proposed by 
     the Senate requiring the Department of Labor to submit its 
     fiscal year 2007 congressional budget justifications in the 
     format and level of detail used by the Department of 
     Education in its fiscal year 2006 congressional budget 
     justifications. The House bill contained no similar 
     provision.


                          New York Rescission

       The conference agreement does not include language as 
     proposed by the Senate making $125,000,000 available to the 
     New York State Uninsured Employers Fund and to the Centers 
     for Disease Control and Prevention for purposes related to 
     the September 11, 2001 terrorist attacks. The House bill 
     contained no similar provision.


                             Operating Plan

       The conferees note that the Department failed to submit a 
     fiscal year 2005 operating plan for pilots, demonstrations 
     and research activities as requested last year in House 
     Report 108-792. This plan is nearly six months late. 
     Accordingly, the conferees have included bill language 
     directing the Department to provide not later than July 1, 
     2006 an operating plan that outlines the planned allocation 
     by major project and activity of fiscal year 2006 funds for 
     pilot, demonstration, multi-service, research and multi-state 
     projects. The conferees direct that the Department submit a 
     quarterly report beginning in January 2006 to the House and 
     Senate Appropriations Committees on the status of awards made 
     for pilot, demonstration, multi-service, research, and multi-
     state projects under section 171 of the Workforce Investment 
     Act. This quarterly report shall be submitted to the House 
     and Senate Committees on Appropriations no later than 45 days 
     after the end of each quarter and shall include the following 
     information: a list of all awards made during the quarter and 
     for each award shall include the grantee or contractor, the 
     amount of the award, the funding source for the award, 
     whether the award was made competitively or by sole source 
     and, if sole source, the justification, the purpose of the 
     award, and expected outcomes.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       The conference agreement includes $6,564,661,000 for health 
     resources and services, of which $6,539,661,000 is provided 
     as budget authority and $25,000,000 is made available from 
     the Public Health Service policy evaluation set-aside, 
     instead of $6,468,437,000 as proposed by the House and 
     $7,396,534,000 as proposed by the Senate. Funds for the 
     individual HRSA programs are displayed in the table at the 
     end of the statement of the managers. Funding levels that 
     were in disagreement but not displayed on the table are 
     discussed in this statement.
       The conference agreement includes a technical bill language 
     change to eliminate an unnecessary citation of the Poison 
     Control Center Act which was included in both bills.
       The conference agreement includes a citation for section 
     712 of the American Jobs Creation Act of 2004 for authority 
     for the sickle cell demonstration program. The House bill did 
     not include a similar citation.
       The conference agreement does not include bill language 
     proposed by the Senate providing $393,051,000 for 
     construction and renovation of health care and other 
     facilities and other health-related activities. The House 
     bill included no similar language.
       The conference agreement includes bill language identifying 
     $64,180,000 for the rural hospital flexibility grants 
     program, as provided by the Senate. The House bill provided 
     $39,180,000. Within the total provided, the conferees have 
     included bill language similar to that contained in the 
     Senate bill creating the authority and identifying 
     $25,000,000 for a Delta health initiative rural health, 
     education, and workforce infrastructure program. The House 
     bill had no similar provision. The conferees urge HRSA to 
     implement this program by a competitive grant to a non-
     Federal, not-for-profit alliance of no less than four 
     academic institutions who have a history of collaboration, 
     along with their State Medical Association and State Hospital 
     Association, for the purpose of addressing longstanding, 
     unmet health needs in the Mississippi Delta, including health 
     education, access and research, and job training. Alliance 
     partners should include an academic health center, at least 
     two regional universities, a school of nursing, and a 
     relationship with a strong economic development entity. The 
     alliance should experience working with Federally qualified 
     health centers and local health departments. The alliance 
     should have experience in diabetes education and management, 
     promoting healthy communities, health education and wellness.
       The conferees have not included either bill language 
     proposed by the Senate identifying $20,000,000 for base grant 
     adjustments for existing community health centers or a 
     similar directive included in the House report.
       The conference agreement includes bill language identifying 
     $40,000 for malpractice insurance for volunteer physicians 
     who practice at free clinics, including administrative 
     expenses, instead of $99,000 as proposed by the Senate. The 
     House did not provide funding for this program. The conferees 
     understand that claims against the Federal malpractice 
     insurance are not likely to appear until at least fiscal year 
     2007, but want to signal the intent to continue the program.
       The conference agreement does not include bill language 
     identifying funding for community health centers in high-need 
     counties. The Senate bill identified $13,000,000 for this 
     purpose; the House bill identified $26,000,000.
       The conferees direct that the increase in funding provided 
     for community health centers be allocated for the center 
     applications that have already been approved and announced in 
     April 2005. The House and Senate reports had similar 
     references to pre-approved awards.
       The conference agreement includes bill language contained 
     in the Senate bill permitting funding appropriated for the 
     community health centers Federal malpractice claims program 
     to be used for administrative expenses. The House bill 
     included no similar provision.
       The conference agreement includes bill language providing 
     $4,000,000 to remain available until expended for the 
     National Cord Blood Stem Cell Bank Program. The Senate bill 
     provided $9,859,000. The House did not provide funding for 
     this program.
       The conference agreement includes bill language designating 
     $117,108,000 out of the funds provided for the maternal and 
     child health block grant to be for special projects of 
     regional and national significance (SPRANS). The Senate 
     bill provided $121,396,250 for this purpose; the House 
     provided $116,124,000. It is intended that $3,880,000 of 
     the SPRANS amount will be used to continue the sickle cell 
     newborn screening program and its locally based outreach 
     and counseling efforts. The House and Senate both proposed 
     $4,000,000 for this program. In addition, $4,850,000 of 
     the SPRANS amount will be used to continue the oral health 
     demonstration programs and activities in the States. The 
     House and Senate both proposed $5,000,000 for this 
     program. The conference agreement also includes within the 
     SPRANS set-aside $1,552,000 to continue mental health 
     programs and activities in the States, $2,910,000 to 
     continue the epilepsy demonstration, and $1,940,000 to 
     continue newborn and child screening for heritable 
     disorders. The conferees provide $1,000,000 for a fetal 
     alcohol syndrome demonstration program as described in the 
     Senate report. The House and Senate had both proposed 
     $3,000,000 for the epilepsy demonstration. The House had 
     proposed $3,000,000 for the heritable disorders screening 
     program; the Senate had proposed $2,000,000. The Senate 
     proposed $3,000,000 for the mental health programs, while 
     the House had not proposed funding for this program. The 
     Senate proposed $1,000,000 for the fetal alcohol syndrome 
     demonstration, while the House had not proposed funding 
     for this program.
       The conference agreement includes bill language as proposed 
     by the Senate providing $39,680,000 to the Denali Commission 
     as a direct lump payment pursuant to P.L. 106-113. The House 
     did not include funding for the Commission. The conferees 
     concur with the Senate report language regarding the 
     allocation of Denali funds to a mix of facilities.
       The conference agreement provides $14,100,000 for Native 
     Hawaiian health care activities within the consolidated 
     health centers program as proposed by the Senate. The House 
     did not identify specific funding for Native Hawaiian 
     activities.
       The conference agreement provides $4,000,000 for allied 
     health training programs, of which $2,000,000 is allocated to 
     the chiropractic-medical school demonstration grant and 
     $2,000,000 is designated for the geropsychology training 
     program. The Senate provided $11,753,000 for allied health 
     programs. The House did not provide funding.
       The conferees concur in the Senate report language 
     identifying $3,000,000 within traumatic brain injury funding 
     for protection and advocacy services. The House report did 
     not have similar language.
       The conferees concur with the Senate report language 
     regarding the recompetition of Healthy Start programs.
       Within funds provided to the Office of the Advancement of 
     Telehealth, $3,000,000 has been included to carry out 
     programs and activities under the Health Care Safety Net 
     Amendments of 2002 (Public Law 107-251). Of that amount, the 
     conferees intend that $1,500,000 be used to fund telehealth 
     resource centers that provide assistance with respect

[[Page H10400]]

     to technical, legal, regulatory service delivery or other 
     related barriers to the development of telehealth 
     technologies. The conferees intend that HRSA place a high 
     priority on the needs of rural States with populations of 
     less than 1,500,000 individuals in the award and geographical 
     placement of the telehealth resource grants. The conferees 
     intend that $750,000 will be used for network grants and 
     demonstration or pilot projects for telehomecare and that 
     $750,000 will be used for grants to carry out the licensure 
     provisions in Section 102 of Public Law 107-251.
       The conferees agree that family planning funds should be 
     distributed to regional offices in the same manner and time 
     frame as in fiscal year 2005. In addition, conferees intend 
     that the same percentage of appropriated family planning 
     funds be used for clinical services as in fiscal year 2005.
       Within the funds provided for bioterrorism grants to 
     States, the conference agreement includes $475,000,000 for 
     State grants, $21,000,000 for education incentives for 
     medical school curriculum, and $4,000,000 to continue the 
     credentialing emergency system for advance registration of 
     volunteer health professionals. The conferees do not provide 
     funding for a medical surge capacity demonstration as 
     requested by the Administration. The House provided 
     $464,479,000 for State grants; $8,000,000 for credentialing; 
     $27,521,000 for training; and no funding for a surge capacity 
     demonstration. The Senate provided $458,000,000 for State 
     grants, indicating that credentialing, deployable mass 
     casualty units and increases to the medical reserve corps 
     could be supported within that total; $27,500,000 for 
     training; and $25,000,000 for a national surge capacity 
     demonstration.
       The conference agreement includes $145,992,000 for program 
     management instead of $143,992,000 as provided by the Senate 
     and $143,072,000 as provided by the House. The conference 
     agreement includes $2,000,000 within this activity for dental 
     workforce programs authorized in section 340G of the Public 
     Health Service Act. The Senate provided $5,000,000 for this 
     activity; the House did not propose funding for the program.


             Vaccine Injury Compensation Program Trust Fund

       The conference agreement provides $3,600,000 for 
     administration for the Trust Fund as proposed by the Senate 
     instead of $3,500,000 as proposed by the House.

               Centers for Disease Control and Prevention


                disease control, research, and training

       The conference agreement includes $5,884,934,000 for 
     disease control, research, and training at the Centers for 
     Disease Control and Prevention (CDC), instead of 
     $5,945,991,000 as proposed by the House and $6,064,115,000 as 
     proposed by the Senate. In addition, $265,100,000 is made 
     available under section 241 of the Public Health Service Act. 
     The House bill proposed that $159,595,000 and the Senate bill 
     proposed that $265,100,000 be derived from section 241 
     authority.
       The conference agreement includes bill language earmarking 
     $160,000,000 for equipment, construction, and renovation of 
     facilities, including the new data center and recovery site 
     to ensure availability of critical systems and data 
     supporting CDC's homeland security and public health 
     emergency responsibilities, instead of $30,000,000 as 
     proposed by the House and $225,000,000 as proposed by the 
     Senate. Within this total, $136,000,000 is for continuation 
     of CDC's program to upgrade and replace facilities in Atlanta 
     and $24,000,000 is to continue construction and purchase 
     equipment for the replacement of CDC's infectious disease 
     laboratory in Fort Collins, Colorado.
       The conference agreement includes bill language providing 
     that within the amount available, $530,000,000 shall remain 
     available until expended for the Strategic National 
     Stockpile, the same as proposed by the House. The Senate bill 
     included $542,000,000 for this purpose.
       The conference agreement includes bill language to earmark 
     $123,883,000 for international HIV/AIDS, the same as proposed 
     by both the House and the Senate.
       The conference agreement includes bill language as proposed 
     by the Senate, and similar to language proposed by the House, 
     designating that the following amounts shall be available 
     under section 241 (Public Health Service Act evaluation set-
     aside) for the specified activities:
       $12,794,000--National Immunization Surveys;
       $109,021,000--National Center for Health Statistics 
     Surveys;
       $24,751,000--Information systems standards development and 
     architecture and applications-based research used at local 
     public health levels;
       $463,000--Health Marketing evaluations;
       $31,000,000--Public Health Research; and
       $87,071,000--Research Tools and Approaches within the 
     National Occupational Research Agenda.
       The conference agreement includes bill language providing 
     that up to $31,800,000 is available until expended for 
     individual learning accounts, as proposed by the Senate. The 
     House bill had included $30,000,000 for the same purpose.
       The conference agreement includes bill language carried in 
     prior years to allow the CDC to enter into a single contract 
     or related contracts for the full scope of development and 
     construction of facilities as proposed by both the House and 
     the Senate. The agreement does not include language proposed 
     by the Senate to allow funds appropriated to the CDC to be 
     used to enter into a long-term ground lease for construction 
     on non-Federal land. The conferees understand that this 
     language is no longer necessary for the completion of the 
     laboratory in the Fort Collins, Colorado area.
       Given the full-scope contract authority, the conferees 
     understand that sufficient funds are available from within 
     amounts provided for buildings and facilities for unabated 
     progress on the B&F Master Plan and to support the new data 
     center recovery site, including the center's operations and 
     maintenance services.
       The conference agreement includes bill language providing 
     that employees of the CDC or the Public Health Service, 
     detailed to States, municipalities, or other organizations 
     under authority of section 214 of the Public Health Service 
     Act shall be treated as non-Federal employees for reporting 
     purposes only and shall not be included within any personnel 
     ceiling applicable to the Agency. The House bill included 
     similar language but limited to employees detailed for 
     purposes related to homeland security.


                          Infectious Diseases

       The conference agreement includes $1,697,397,000 for 
     Infectious Diseases, instead of $1,704,529,000 as proposed by 
     the House and $1,696,567,000 as proposed by the Senate. In 
     addition, $12,794,000 is available to carry out National 
     Immunization Surveys to be derived from section 241 
     evaluation set-aside funds.
       The conferees note that unless otherwise specified, the 
     sub-budget activity amounts provided are at the levels 
     recommended in the budget request.


                       Infectious Disease Control

       Within the total for Infectious Diseases, the conference 
     agreement includes $229,059,000 for infectious disease 
     control activities instead of $229,471,000 as proposed by the 
     House and $229,010,000 as proposed by the Senate.
       Within the total, $102,650,000 is for areas of highest 
     scientific and programmatic priority for preparing and 
     responding to present and emerging infectious disease 
     threats.
       Within the total provided, $5,500,000 is to expand and 
     improve surveillance, research, and prevention activities on 
     prion disease, including the work of the National Prion 
     Disease Pathology Surveillance Center.
     HIV/AIDS, STD and TB Prevention
       Within the total for Infectious Diseases the conference 
     agreement includes $956,138,000 for HIV/AIDS, STD and TB 
     prevention, the same as proposed by the House and $713,000 
     below the amount proposed by the Senate.
       Included is $657,694,000 for domestic HIV/AIDS activities; 
     $159,633,000 for STD activities; and $138,811,000 for TB 
     activities.
       Within the total for HIV/AIDS, the conferees intend that 
     the activities that are targeted to address the growing HIV/
     AIDS epidemic and its disparate impact on communities of 
     color, including African Americans, Latinos, Native 
     Americans, Asian Americans, Native Hawaiians, and Pacific 
     Islanders be supported at not less than the fiscal year 2005 
     level, as proposed by the House. The conferees intend that 
     CDC follow the report accompanying the Labor, HHS and 
     Education and Related Agencies Appropriations Act, 2002 
     regarding the disbursement of these funds, including 
     continuing support for the Directly Funded Minority 
     Community-Based Organization Program.
     Immunization
       Within the total for Infectious Diseases, the conference 
     agreement includes a discretionary program level of 
     $524,994,000 for immunization, instead of $526,500,000 as 
     proposed by the House and $523,500,000 as proposed by the 
     Senate. Of the amount provided, $12,794,000 is for national 
     immunization surveys to be derived from section 241 
     evaluation set-aside funds, the same as proposed by both the 
     House and Senate.
       The conferees note, that subsequent to House action, 
     $5,214,000 was reallocated to Global Immunization activities 
     within Global Health to more accurately reflect immunization 
     program levels prior to CDC's recent reorganization.
       In addition, the Vaccines for Children (VFC) program funded 
     through the Medicaid program includes $1,502,333,000 in 
     vaccine purchases and distribution support for fiscal year 
     2006, yielding a total domestic immunization program level of 
     $2,027,327,000.
       Included in the amount provided is $461,478,000 for 
     immunization assistance to states and localities under the 
     section 317 immunization program, $4,960,000 for vaccine 
     tracking, and $58,556,000 for prevention activities. The 
     conferees intend that the $1,494,000 provided above the 
     request for prevention activities support expanded vaccine 
     safety research as outlined in the House Report.


                            Health Promotion

       The conference agreement includes $971,157,000 for Health 
     Promotion, instead of $983,647,000 as proposed by the House 
     and $974,080,000 as proposed by the Senate.
       The conferees note that unless otherwise specified, the 
     sub-budget activity amounts provided for Health Promotion are 
     at the levels recommended in the budget request.
       The conference agreement does not include $2,421,000 for a 
     new program to award grants to organizations in the area of 
     chronic disease prevention and birth defects and 
     developmental disabilities as proposed by the Senate.

[[Page H10401]]

     Chronic Disease Prevention, Health Promotion, and Genomics
       Within the amount for Health Promotion, the conference 
     agreement includes $845,135,000 for chronic disease 
     prevention and health promotion instead of $856,468,000 as 
     proposed by the House and $845,845,000 as proposed by the 
     Senate.
       The conference agreement includes the following amounts:

------------------------------------------------------------------------
                      Budget activity                        ($ in 000s)
------------------------------------------------------------------------
Heart Disease and Stroke...................................       44,918
Diabetes...................................................       63,757
Cancer Prevention and Control..............................      311,023
Arthritis and Other Chronic Diseases.......................       22,693
Tobacco....................................................      105,858
Nutrition, Physical Activity, and Obesity..................       41,939
Health Promotion...........................................       27,721
School Health..............................................       56,760
Safe Motherhood/Infant Health..............................       44,740
Oral Health................................................       11,800
Prevention Centers.........................................       30,000
Steps to a Healthier U.S...................................       44,300
Racial and Ethnic Approach to Community Health (REACH).....       34,605
Genomics...................................................        5,022
------------------------------------------------------------------------

       Within the amount provided for Cancer Prevention and 
     Control the conference agreement includes $17,113,000 for 
     comprehensive cancer activities, including $100,000 for a 
     national education campaign concerning gynecologic cancer. 
     The conferees urge that the CDC coordinate this effort both 
     with the Office of Women's Health, within the Office of the 
     Secretary, and qualified non-profit private sector 
     organizations.
       The conferees also reiterate their support for the CDC's 
     partnership with the Lance Armstrong Foundation and have 
     provided sufficient funds to continue support of the National 
     Cancer Survivorship Resource Center at not less than the 
     fiscal year 2005 level.
       Within the amount provided for Arthritis and Other Chronic 
     Diseases, $7,762,000 is available for epilepsy activities.
       The conferees concur that the increase provided for tobacco 
     activities is for an enhanced counter-marketing program to 
     reduce underage tobacco use, as proposed by the Senate. The 
     conferees expect that this effort will be carried out by a 
     private sector organization that will match federal dollars 
     at least equally and has demonstrated effectiveness in this 
     area.
       The conferees understand that the Centers for Disease 
     Control and Prevention (CDC) is now the lead federal agency 
     for the National 5 A Day Program and that funding will be 
     transferred for fiscal year 2006 from the previous lead 
     federal agency, the National Cancer Institute, to CDC.
       The conferees urge CDC to set up a 5 A Day Program with a 
     distinct program identity within its Division of Nutrition 
     and Physical Activity, and that this program receive the 
     necessary resources, both fiscal and designated full time 
     equivalents (FTEs), to ensure that the CDC provides national 
     leadership, strong technical assistance and training to State 
     5 A Day programs, effective communications, and other 
     activities to encourage Americans to eat more fruits and 
     vegetables and move closer to meeting the recommendations of 
     the 2005 Dietary Guidelines for Americans.
       The conferees encourage CDC to collaborate with the West 
     Virginia Department of Health and Human Resources to develop 
     a model obesity prevention program that could be replicated 
     nationwide.
       The conferees provide the following amounts from within 
     funds provided for Community Health Promotion:

------------------------------------------------------------------------
                      Budget activity                        ($ in 000s)
------------------------------------------------------------------------
Mind-Body Institute........................................        1,800
Glaucoma...................................................        3,500
Visual Screening Education.................................        2,500
Alzheimer's Disease........................................        1,650
Inflammatory Bowel Disease.................................          700
Interstitial Cystitis......................................          690
Pioneering Healthier Communities (YMCA)....................        1,450
Kidney Disease.............................................        1,800
------------------------------------------------------------------------

       The conferees concur with language in the Senate report 
     providing that $50,000 from within Oral Health be used to 
     develop an instructional video for school age children on the 
     harmful effects of excessive consumption of soft drinks.
       Within the funds for Genomics, $2,546,000 is provided to 
     support and expand activities related to Primary Immune 
     Deficiency Syndrome implemented in the same manner as in 
     fiscal year 2005 and as outlined in the Senate report.
     Birth defects
       Within the amount available for Health Promotion, the 
     conference agreement includes $126,022,000 for birth defects, 
     developmental disabilities, disability and health instead of 
     $127,179,000 as proposed by the House and $125,815,000 as 
     proposed by the Senate.
       Within the total, the following amounts are provided for 
     the specified activities:

------------------------------------------------------------------------
                      Budget activity                        ($ in 000s)
------------------------------------------------------------------------
Folic Acid.................................................        2,300
Tourette Syndrome..........................................        1,800
Early Hearing Detection and Intervention...................        6,600
Muscular Dystrophy.........................................        6,500
Special Olympics Healthy Athletes..........................        5,700
Paralysis Resource Center (Christopher Reeve)..............        6,000
Spina Bifida...............................................        5,100
Autism.....................................................       15,300
------------------------------------------------------------------------

       The conferees strongly support the activities of both the 
     National Folic Acid Education and Prevention Program and 
     National Spina Bifida Program and believe the activities are 
     complementary. The National Folic Acid Education Program's 
     goal is primary prevention through the promotion of the 
     consumption of folic acid to prevent Spina Bifida and other 
     neural tube defects. The National Spina Bifida Program works 
     to improve the quality of life for individuals affected by 
     Spina Bifida and reduce and prevent the occurrence of, and 
     suffering from this birth defect. The conferees have provided 
     $7,400,000 for these activities. In order to achieve budget 
     transparency, prevent any overlap of effort, ensure the 
     continued proper balance between primary prevention and 
     quality of life activities, and to maximize the effectiveness 
     of these funds, the conferees request that CDC develop a 
     comprehensive strategic plan whose goal is to establish a 
     unified program to be housed in the Human Development and 
     Disability Division and to be prepared to report on the 
     feasibility of such a unified program during fiscal year 
     2007 budget hearings.
       Within the amount for activities related to Duchenne and 
     Becker Muscular Dystrophy, $750,000 is to enhance the 
     coordinated education and outreach initiative through the 
     Parent Project Muscular Dystrophy. In addition, the conferees 
     concur in the directive in the Senate report for CDC to 
     develop and submit a strategic plan for the Duchenne and 
     Becker Muscular Dystrophy program by May 1, 2006.
       Within the amount for Autism activities, $14,750,000 is for 
     surveillance and research and $550,000 is to continue and 
     expand the national autism awareness campaign.

                     Health Information and Service

       The conference agreement includes $89,564,000 for Health 
     Information and Service, the same as proposed by the Senate. 
     The House had included $195,069,000. In addition, 
     $134,235,000, to be derived from section 241 evaluation set-
     aside funds, is included to carry out National Center for 
     Health Statistics surveys, Public Health Informatics 
     evaluations, and health marketing evaluations.

               Environmental Health and Injury Prevention

       The conference agreement includes $287,733,000 for 
     Environmental Health and Injury Prevention activities, 
     instead of $285,721,000 as proposed by the House and 
     $288,982,000 as proposed by the Senate.
       The conferees note that unless otherwise specified, the 
     sub-budget activity amounts provided for Environment Health 
     and Injury Prevention are at the levels recommended in the 
     budget request.
     Environmental health
       Within the funds available for Environmental Health and 
     Injury Prevention, the conference agreement includes 
     $147,293,000 for environmental health instead of $147,483,000 
     as proposed by the House and $147,417,000 as proposed by the 
     Senate.
       Within the total, $900,000 is provided to begin a 
     nationwide Amyotrophic Lateral Sclerosis (ALS) registry as 
     recommended in the Senate report.
       The conferees also urge the CDC to maintain support for the 
     Environmental and Health Outcome Tracking Network and the 
     Landmine Survivor Network at not less than the fiscal year 
     2005 level.
     Injury prevention and control
       Within the funds provided for Environmental Health and 
     Injury Prevention, the conference agreement includes 
     $140,440,000 for injury control, instead of $138,237,000 as 
     proposed by the House and $141,565,000 as proposed by the 
     Senate.
       Within the total for injury prevention and control, 
     $105,083,000 is for intentional injury prevention activities, 
     including $24,379,000 for Youth Violence Prevention as 
     outlined in the Senate report (of which $12,028,000 is for 
     youth violence base funding), and not less than the fiscal 
     year 2005 level is for the National Violent Death Reporting 
     System.
       In addition, $35,357,000 of the amounts for injury 
     prevention and control is for unintentional injury. The 
     conferees are agreed that sufficient funds are provided to 
     support the existing Injury Control Research Centers at not 
     less than the fiscal year 2005 level.

                     Occupational Safety and Health

       The conference agreement provides a total program level of 
     $256,971,000 for occupational safety and health, instead of 
     $251,241,000 as proposed by the House and $257,121,000 as 
     proposed by the Senate. Within that amount, $87,071,000 is 
     available to carry out research tools and approaches 
     activities within the National Occupational Research Agenda 
     (NORA) to be derived from section 241 evaluation set-aside 
     funds.
       The conference agreement includes sufficient funds to 
     maintain staffing levels at the Morgantown facility as 
     proposed by the Senate.
       Within the amount provided, $1,000,000 is for the 
     establishment of a National Mesothelioma Registry and Tissue 
     Bank as described in the Senate report. The conferees 
     strongly encourage NIOSH to work closely with the 
     mesothelioma research and patient community in developing the 
     registry and tissue bank to maximize the effectiveness of 
     data collection and allow researchers real time access to 
     clinical data associated with tissue specimens from the 
     registry.
       Organizations eligible to implement the registry and tissue 
     bank should have a demonstrated history of collaborative 
     mesothelioma research and experience working with, and access 
     to, the patient population. Eligible applicants should share 
     the goal of developing a cost-effective infrastructure and 
     have a data-sharing plan that will ensure the

[[Page H10402]]

     registry and tissue bank will be used to expand scientific 
     discovery and effective treatments to benefit the 
     mesothelioma research and patient community.
       The agreement also includes $150,000 above the budget 
     request to expand support for the existing NIOSH Education 
     and Research Centers.
       In addition, the conferees have included sufficient funds 
     for implementation of the Miners' Choice Health Screening 
     Program at two or more sites in fiscal year 2006. This 
     program was initiated in the Department of Labor to encourage 
     all miners to obtain free and confidential chest x-rays to 
     obtain more data on the prevalence of Coal Workers' 
     Pneumonconiosis in support of development of new respirable 
     coal dust rules.


                             Global Health

       The conference agreement provides $313,340,000 for Global 
     Health activities, instead of $309,076,000 as proposed by the 
     House and $313,227,000 as proposed by the Senate.
       Within the total:
       $123,883,000 is for Global HIV/AIDS;
       $144,455,000 is for Global Immunization, including 
     $101,254,000 for Polio Eradication and $43,201,000 for other 
     global immunization activities;
       $9,113,000 is for Global Malaria; and
       $33,503,000 is for Global Disease Detection.
       The conferees note, that subsequent to House action, 
     $5,214,000 was reallocated from the domestic immunization 
     program to Global Immunization activities. This reallocation 
     more accurately reflects immunization program levels prior to 
     CDC's recent reorganization.


                         Public Health Research

       The conference agreement includes $31,000,000, to be 
     derived from section 241 evaluation set-aside funds, for 
     Public Health Research.


                Public Health Improvement and Leadership

       The conference agreement includes $206,535,000 for Public 
     Health Improvement and Leadership instead of $258,541,000 as 
     proposed by the House and $344,055,000 as proposed by the 
     Senate.
       Within the total, $7,930,000 is included for a Director's 
     Discretionary Fund to support activities deemed by the 
     Director as having high scientific and programmatic priority 
     and to respond to emergency public health requirements. The 
     conferees concur with language in the Senate report regarding 
     the Director's authority to reallocate management savings to 
     the Director's Discretionary Fund upon notification of the 
     Committees on Appropriations in the House and Senate.


                 Preventive Health Services Block Grant

       The conference agreement includes $100,000,000 for the 
     Preventive Health Services Block Grant, the same as proposed 
     by the Senate and the House.


                Terrorism and Public Health Preparedness

       The conference agreement includes $1,593,189,000 for 
     activities related to terrorism and public health 
     preparedness, instead of $1,616,723,000 as proposed by the 
     House and $1,566,471,000 as proposed by the Senate.
       Within the total, $831,994,000 is for Upgrading State and 
     Local Capacity; $137,972,000 is for Upgrading CDC Capacity; 
     $14,000,000 is for Anthrax Studies; $79,223,000 is for the 
     Biosurveillance Initiative; and $530,000,000 is for the 
     Strategic National Stockpile.
       Of the funds available for Upgrading State and Local 
     Capacity, the conference agreement includes: $768,695,000 for 
     bioterrorism cooperative agreements; $31,000,000 for Centers 
     for Public Health Preparedness; and $5,400,000 for Advanced 
     Practice Centers.


                       Business Services Support

       The conference agreement includes $296,119,000 for Business 
     Services Support, as proposed by the Senate. The House had 
     provided $298,515,000 for this purpose.
       The conferees concur with language in the Senate report 
     regarding the Director's authority to reallocate savings that 
     result from efficiencies gained in business services support 
     to the Director's Discretionary Fund upon notification of the 
     Committees on Appropriations in the House and Senate.
       The conferees also request that CDC continue to include at 
     least the level of detail provided in past years in the 
     Justification of Estimates for the Appropriations Committees, 
     including the functional tables for each budget activity, the 
     mechanism table by activity, and the crosswalks of funding 
     between programs and CDC organizations.
       The conferees also request that the CDC prepare and submit 
     a report to the House and Senate Committees on Appropriations 
     detailing intramural and extramural funding splits by sub-
     budget activity by no later than March 1, 2006. The report 
     should include actual splits for fiscal years 2004 and 2005, 
     as well as estimates for fiscal years 2006 and 2007.
       The conferees continue to support partnerships between CDC 
     and the minority health professions community.

                     National Institutes of Health


                       National Cancer Institute

       The conference agreement includes $4,841,774,000 for the 
     National Cancer Institute as proposed by the House instead of 
     $4,960,828,000 as proposed by the Senate.
       The conferees urge the NCI to respond to the Bladder and 
     Kidney Research Progress Review Group report and encourage 
     appropriate funding for bladder and kidney cancer research.


                National Heart, Lung and Blood Institute

       The conference agreement includes $2,951,270,000 for the 
     National Heart, Lung and Blood Institute as proposed by the 
     House instead of $3,023,381,000 as proposed by the Senate.


         National Institute of Dental and Craniofacial Research

       The conference agreement includes $393,269,000 for the 
     National Institute of Dental and Craniofacial Research as 
     proposed by the House instead of $405,269,000 as proposed by 
     the Senate.


    National Institute of Diabetes and Digestive and Kidney Diseases

       The conference agreement includes $1,722,146,000 for the 
     National Institute of Diabetes and Digestive and Kidney 
     Diseases as proposed by the House instead of $1,767,919,000 
     as proposed by the Senate. An amount of $150,000,000 is also 
     available to the Institute through a permanent appropriation 
     for juvenile diabetes.
       The conferees urge NIDDK to continue to support and develop 
     the ``Urologic Diseases in America'' report and to include 
     urological complications as well as diabetes and obesity 
     research initiatives. The conferees further encourage the 
     Institute to continue the Urinary Incontinence Treatment 
     Network and to convene an external strategic planning group 
     to develop future urology clinical trials. The conferees also 
     encourage the Institute to convene a Strategic Planning Group 
     to make recommendations on basic and clinical research in 
     men's health, including the development of biomarkers to 
     distinguish benign prostatic hyperplasia from prostate 
     cancer.


        National Institute of Neurological Disorders and Stroke

       The conference agreement includes $1,550,260,000 for the 
     National Institute of Neurological Disorders and Stroke as 
     proposed by the House instead of $1,591,924,000 as proposed 
     by the Senate.


         National Institute of Allergy and Infectious Diseases

                     (Including Transfer of Funds)

       The conference agreement includes $4,459,395,000 for the 
     National Institute of Allergy and Infectious Diseases instead 
     of $4,359,395,000 as proposed by the House and $4,547,136,000 
     as proposed by the Senate.
       The conference agreement includes bill language permitting 
     the transfer of $100,000,000 to International Assistance 
     Programs, Global Fund to Fight HIV/AIDS, Malaria, and 
     Tuberculosis as proposed by the Senate. The House bill did 
     not permit a transfer.


             National Institute of General Medical Sciences

       The conference agreement includes $1,955,170,000 for the 
     National Institute of General Medical Sciences as proposed by 
     the House instead of $2,002,622,000 as proposed by the 
     Senate.


        National Institute of Child Health and Human Development

       The conference agreement includes $1,277,544,000 for the 
     National Institute of Child Health and Human Development as 
     proposed by the House instead of $1,310,989,000 as proposed 
     by the Senate.


                         National Eye Institute

       The conference agreement includes $673,491,000 for the 
     National Eye Institute as proposed by the House instead of 
     $693,559,000 as proposed by the Senate.


          National Institute of Environmental Health Sciences

       The conference agreement includes $647,608,000 for the 
     National Institute of Environmental Health Sciences as 
     proposed by the House instead of $667,372,000 as proposed by 
     the Senate.
       The conferees urge NIEHS to work with CDC and expert 
     independent researchers on research that could identify or 
     rule out any association between thimerosal exposure in 
     pediatric vaccines and increased rates of autism. The 
     conferees believe that the Vaccine Safety Datalink (VSD), a 
     CDC-constructed database that follows 7 million immunized 
     children from 1990 to present, could be helpful in the 
     research, especially regarding pre-2001 VSD data and post-
     2000 VSD data, since thimerosal was removed from most 
     childhood vaccines in 2001. The conferees urge NIEHS and CDC 
     to organize a workshop by May 2006 to explore the research 
     possibilities and scientific feasibility of such a study and 
     report back to the House and Senate Appropriations Committees 
     soon after.


                      National Institute on Aging

       The conference agreement includes $1,057,203,000 for the 
     National Institute on Aging as proposed by the House instead 
     of $1,090,600,000 as proposed by the Senate.


 national institute of arthritis and musculoskeletal and skin diseases

       The conference agreement includes $513,063,000 for the 
     National Institute of Arthritis and Musculoskeletal and Skin 
     Diseases as proposed by the House instead of $525,758,000 as 
     proposed by the Senate.


    national institute on deafness and other communication disorders

       The conference agreement includes $397,432,000 for the 
     National Institute on Deafness and Other Communication 
     Disorders as proposed by the House instead of $409,432,000 as 
     proposed by the Senate.


                 national institute of nursing research

       The conference agreement includes $138,729,000 for the 
     National Institute of Nursing Research as proposed by the 
     House instead of $142,549,000 as proposed by the Senate.

[[Page H10403]]

           national institute on alcohol abuse and alcoholism

       The conference agreement includes $440,333,000 for the 
     National Institute on Alcohol Abuse and Alcoholism as 
     proposed by the House instead of $452,271,000 as proposed by 
     the Senate.


                    national institute on drug abuse

       The conference agreement includes $1,010,130,000 for the 
     National Institute on Drug Abuse as proposed by the House 
     instead of $1,035,167,000 as proposed by the Senate.
       The conferees encourage NIDA to move expeditiously on a 
     cooperative research and development agreement (CRADA) 
     regarding the use of vigabatrin for the treatment of cocaine 
     and methamphetamine addiction.


                  national institute of mental health

       The conference agreement includes $1,417,692,000 for the 
     National Institute of Mental Health as proposed by the House 
     instead of $1,460,393,000 as proposed by the Senate.


                national human genome research institute

       The conference agreement includes $490,959,000 for the 
     National Human Genome Research Institute as proposed by the 
     House instead of $502,804,000 as proposed by the Senate.


      national institute of biomedical imaging and bioengineering

       The conference agreement includes $299,808,000 for the 
     National Institute of Biomedical Imaging and Bioengineering 
     as proposed by the House instead of $309,091,000 as proposed 
     by the Senate.


                 national center for research resources

       The conference agreement includes $1,110,203,000 for the 
     National Center for Research Resources instead of 
     $1,100,203,000 as proposed by the House and $1,188,079,000 as 
     proposed by the Senate.
       The conference agreement does not include bill language to 
     earmark extramural facilities construction grants, as 
     proposed by the House. The Senate bill proposed $30,000,000 
     for this purpose.
       The conference agreement provides $326,000,000 from NCRR 
     and Roadmap funds for general clinical research centers and 
     the clinical and translational science awards (CTSA) 
     combined. The Senate provided $327,000,000 for the combined 
     awards; the House did not include similar language. As 
     indicated in the Senate report, the total number of awards 
     for the combined programs should remain at 79 in fiscal year 
     2006. When making the CTSA awards, consideration must be 
     given to the units and functions currently carried out 
     through the MO1 mechanism.
       The conference agreement provides $222,208,000 for the 
     Institutional Development Award (IdeA) program, as proposed 
     by the House. The Senate had included $230,000,000 for this 
     program.


       national center for complementary and alternative medicine

       The conference agreement includes $122,692,000 for the 
     National Center for Complementary and Alternative Medicine as 
     proposed by the House instead of $126,978,000 as proposed by 
     the Senate.


       national center on minority health and health disparities

       The conference agreement includes $197,379,000 for the 
     National Center on Minority Health and Health Disparities as 
     proposed by the House instead of $203,367,000 as proposed by 
     the Senate.


                  john e. fogarty international center

       The conference agreement includes $67,048,000 for the John 
     E. Fogarty International Center as proposed by the House 
     instead of $68,745,000 as proposed by the Senate.


                      National Library of Medicine

       The conference agreement provides $318,091,000 for the 
     National Library of Medicine as proposed by the House instead 
     of $327,222,000 as proposed by the Senate. In addition, 
     $8,200,000 is provided from section 241 authority as proposed 
     by both the House and Senate.

                         Office of the Director


                     (Including Transfer of Funds)

       The conference agreement includes $482,895,000 for the 
     Office of the Director instead of $482,216,000 as proposed by 
     the House and $487,434,000 as proposed by the Senate.
       The conference agreement includes bill language permitting 
     the Office of AIDS Research (OAR) to use its funding to make 
     grants for construction or renovation of facilities, as 
     provided for in section 2354(a)(5)(B) of the Public Health 
     Service Act. This language was not included in either the 
     House or Senate bill. The conferees support the efforts of 
     OAR to expand a breeding colony that will serve as a new 
     national resource to breed non-human primates for AIDS 
     research. The conferees understand that this breeding colony 
     is designed to represent a collaboration of several National 
     Primate Research Centers (NPRCs). These resources will 
     further the progress in identifying approaches to halt the 
     transmission of HIV, slow disease progression, and treat 
     those who are HIV-infected both in the United States and 
     globally.
       The conference agreement includes bill language identifying 
     $97,000,000 for biodefense countermeasures that was not 
     included in either the House or Senate bill. The House and 
     Senate both included report language identifying $97,021,000 
     for this purpose.
       The conferees believe, that to the extent resources allow, 
     NIH should follow its cost management plan principles, which 
     will help NIH continue to maintain the purchasing power of 
     the research in which it invests. The Senate indicated that 
     sufficient funds were included to fully pay committed levels 
     on existing grants and to provide a 3.2 percent increase in 
     the average cost of new grants. The House did not include a 
     similar provision.
       The conferees encourage NCI, NIDDK and NIBIB to conduct a 
     multi-institute study focusing on: developing information on 
     the history of polyps, including size and other 
     histopathologic characteristics, which may serve as 
     indicators of future colorectal cancer; the extent to which 
     polyps can be monitored including colonoscopic and 
     colonography or other screening techniques; and the optimal 
     time in the course of polyp development when removal becomes 
     essential to minimize the onset of colorectal cancer.
       The conferees are disappointed that the director of NIH has 
     not yet responded to the recommendations of the ACD working 
     group on research opportunities in the basic behavioral 
     sciences. The conferees urge the director of NIH, in 
     consultation with senior IC leadership and the OBSSR, to 
     develop a structural framework for managing support of NIH 
     basic behavioral science research. This framework should 
     include a division of portfolio and funding responsibility 
     among the affected ICs, and should encourage co-funded trans-
     Institute research initiatives. The conferees request a 
     report to the House and Senate Appropriations Committees 
     describing the new framework and its relationship to the 
     Office of Portfolio Analysis and Strategic Initiatives by May 
     1, 2006.


                        Buildings and Facilities

       The conference agreement includes $81,900,000 for buildings 
     and facilities as proposed by the House instead of 
     $113,626,000 as proposed by the Senate.
       The conference agreement does not include bill language 
     granting full scope authority for the contracting of 
     construction of the first and second phases of the John E. 
     Porter Neurosciences Building as proposed by the Senate. The 
     House bill contained no similar provision.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       The conference agreement includes $3,359,116,000 for 
     substance abuse and mental health services, of which 
     $3,237,813,000 is provided through budget authority and 
     $121,303,000 is provided through the evaluation set-aside. 
     The House bill proposed $3,352,047,000 for SAMHSA, of which 
     $121,303,000 was from the evaluation set-aside and the Senate 
     bill proposed $3,398,086,000, of which $123,303,000 was from 
     the evaluation set-aside. The detailed table at the end of 
     this joint statement reflects the activity distribution 
     agreed to by the conferees.
       Within the total provided, the conference agreement 
     includes funding at no less than the fiscal year 2005 level, 
     as proposed by the House, for activities throughout SAMHSA 
     that are targeted to address the growing HIV/AIDS epidemic 
     and its disparate impact on communities of color, including 
     African Americans, Latinos, Native Americans, Asian 
     Americans, Native Hawaiians, and Pacific Islanders. The 
     Senate did not include similar language.
       Within the total provided, the conference agreement also 
     includes funding at no less than the fiscal year 2005 level 
     for activities throughout SAMHSA addressing the needs of the 
     homeless as proposed by the Senate. The House did not include 
     similar language. Specifically, the conference agreement has 
     provided funding at last year's level for programs directed 
     at chronic homelessness and for programs directed at 
     providing mental health and substance abuse treatment 
     services to homeless individuals.


                   center for mental health services

       The conference agreement includes $265,922,000 for programs 
     of regional and national significance instead of $253,257,000 
     as proposed by the House and $287,297,000 as proposed by the 
     Senate.
       Within the total provided, the conference agreement 
     provides no less than last year's level of funding, 
     $94,240,000, for programs for prevention of youth violence, 
     including the Safe Schools/Healthy Students interdepartmental 
     program, as proposed by the Senate. The House included 
     $84,000,000 for these programs. The conferees expect the 
     Substance Abuse and Mental Health Services Administration to 
     collaborate with the Departments of Education and Justice to 
     continue a coordinated approach.
       For programs addressing youth suicide prevention, the 
     conference agreement includes $23,000,000 for State and 
     campus-based programs as proposed by the Senate rather than 
     $8,444,000 as proposed by the House, and $4,000,000 for the 
     National Suicide Prevention Resource Center rather than 
     $2,976,000 as proposed by the House and $3,976,000 as 
     proposed by the Senate. In addition, no less than the amount 
     provided in fiscal year 2005 should be allocated for the 
     Suicide Prevention Hotline program and mental health 
     screening demonstrations, as proposed by the Senate. The 
     House report did not contain similar language.
       The conference agreement includes $29,760,000 for the 
     National Child Traumatic Stress Initiative as proposed by the 
     House. The Senate did not include similar language.

[[Page H10404]]

       The conference agreement provides $26,000,000 for the State 
     incentive grants for transformation as proposed by both the 
     House and Senate. These competitive grants will support the 
     development of comprehensive State mental health plans and 
     improve the mental health services infrastructure.
       The conference agreement provides no less than the level 
     allocated in fiscal year 2005 for grants for jail diversion 
     programs as proposed by the House. The Senate did not include 
     similar language.
       The conference agreement provides the current level of 
     funding for the consumer and consumer-supporter national 
     technical assistance centers as proposed by the Senate. The 
     conferees direct the Center for Mental Health Services to 
     support multi-year grants to fund five such national 
     technical assistance centers. The House did not include 
     similar language.
       The conferees request the Substance Abuse and Mental Health 
     Services Administration to provide a report by May 1, 2006 on 
     efforts to strengthen parenting and enhance child resilience 
     in the face of adversity, as described in the Senate report. 
     The House did not include similar language.
       The conference agreement provides the same level of funding 
     as was provided in fiscal year 2005 for the elderly treatment 
     and outreach program as proposed by both the House and 
     Senate.
       The conference agreement includes $432,756,000 for the 
     mental health block grant, which includes $21,803,000 from 
     the evaluation set-aside, the same levels as proposed by both 
     the House and the Senate. Included in the agreement is bill 
     language transferring the State Infrastructure Planning 
     Grants activity from the mental health programs of regional 
     and national significance to the mental health block grant 
     set-aside, as proposed by the House. The Senate proposed to 
     continue to fund this activity through the programs of 
     regional and national significance.


                  center for substance abuse treatment

       The conference agreement includes $402,935,000 for programs 
     of regional and national significance, which includes 
     $4,300,000 from the evaluation set-aside, instead of 
     $409,431,000 as proposed by the House and $412,091,000 as 
     proposed by the Senate. Both the House and Senate bills 
     included the evaluation set-aside at $4,300,000.
       Within funds provided, $99,200,000 is for the Access to 
     Recovery program as proposed by the House rather than 
     $100,000,000 as proposed by the Senate. The conferees expect 
     that addictive disorder clinical treatment providers 
     participating in the Access to Recovery program meet the 
     certification, accreditation, and/or licensing standards 
     recognized in their respective States as proposed by the 
     House. The Senate included similar language, but added the 
     phrase, ``and their respective staff.''
       The conference agreement provides $10,500,000 for treatment 
     programs for pregnant, postpartum and residential women and 
     their children rather than $11,000,000 as proposed by the 
     Senate. Within these funds, no less than last year's level 
     shall be used for the residential treatment program for 
     pregnant and postpartum women in fiscal year 2006 authorized 
     under section 508 of the Public Health Service Act. The House 
     did not include similar language.
       The conference agreement includes $8,166,000 to maintain 
     the funding at the fiscal year 2005 level for the Addiction 
     Technology Transfer Centers as proposed by both the House and 
     Senate.
       The conferees understand that the National Institute for 
     Alcohol Abuse and Alcoholism recently published an updated 
     2005 edition of its clinician's guide for treating patients 
     who have alcohol abuse problems, titled ``Helping Patients 
     Who Drink Too Much.'' The guide includes new information on 
     expanded options for treating alcohol dependent patients, 
     including a section on approved medications. The conferees 
     urge the Center for Substance Abuse Treatment, in conjunction 
     with its Science to Services agenda, to launch a counselor 
     education initiative to inform physicians and program staff 
     in the substance abuse community about the guide's treatment 
     recommendations for alcohol dependence, including 
     pharmacotherapy options.
       As part of the $4,300,000 set-aside to evaluate substance 
     abuse treatment programs, the conferees encourage the 
     Substance Abuse and Mental Health Services Administration to 
     determine the most effective way to maximize the number of 
     qualified doctors who utilize buprenorphine in the office-
     based treatment of their opiate-addicted patients, as 
     authorized by the Drug Addiction Treatment Act of 2000.


                 center for substance abuse prevention

       The conference agreement includes $194,850,000 for programs 
     of regional and national significance instead of $194,950,000 
     as proposed by the House and $202,289,000 as proposed by the 
     Senate.
       Within the funds provided, the conference agreement 
     includes $4,000,000, as proposed by the Senate, for the 
     Center for Substance Abuse Prevention (CSAP) to continue to 
     fund grants aimed at expanding the capacity of health care 
     and community organizations to address methamphetamine abuse. 
     The House did not include similar language.
       The conference agreement provides $850,000 for the third 
     year of funding for the Advertising Council?s parent-oriented 
     media campaign to combat underage drinking as proposed by the 
     Senate. The House proposed to fund the third year of this 
     campaign through the Office of the Secretary.
       The conferees expect the Substance Abuse and Mental Health 
     Services Administration (SAMHSA) to ensure that grantees 
     within the strategic prevention framework State incentive 
     grant program do not fund duplicative sub-State anti-drug 
     coalition infrastructures, but utilize those already 
     functioning and funded by programs such as the Drug Free 
     Communities program.
       The conferees are concerned that consolidating the 
     successful efforts that were pioneered by CSAP across all 
     three of the Centers at SAMHSA will result in a dilution of 
     the funding and emphasis on substance abuse prevention. The 
     conferees expect SAMHSA to maintain substance abuse 
     prevention as its highest priority for emphasis in both the 
     National Registry of Effective Programs and Practices (NREPP) 
     and the SAMHSA Health Information Network (SHIN). The 
     conferees expect SAMHSA to report in its fiscal year 2007 
     congressional justification on how substance abuse prevention 
     is being maintained as the highest priority for emphasis in 
     both NREPP and SHIN.


                           Program Management

       The conference agreement includes $92,817,000 for program 
     management, of which $16,000,000 is provided through the 
     evaluation set-aside. The House bill proposed $91,817,000 
     with a $16,000,000 evaluation set-aside and the Senate bill 
     proposed $93,817,000 with an $18,000,000 evaluation set-
     aside.
       The conference agreement includes $1,000,000 to expand on 
     the collaborative effort by the Substance Abuse and Mental 
     Health Services Administration and the Centers for Disease 
     Control and Prevention to establish a population-based source 
     of data on the mental and behavioral health needs in this 
     country, rather than $2,000,000 as proposed by the Senate. 
     The House did not provide funding for this activity.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       The conference agreement includes $318,695,000 as proposed 
     by the House instead of $323,695,000 as proposed by the 
     Senate. The agreement makes these funds available through the 
     policy evaluation set-aside as proposed by the Senate. The 
     House had provided budget authority.
       The conference agreement includes bill language proposed by 
     the Senate limiting the funds to be spent on health care 
     information technology to no more than $50,000,000. The House 
     bill did not contain similar language. The conferees note 
     that AHRQ has planned activities relating to patient safety, 
     such as clinical terminology and messaging standards that 
     have a large health information technology component. The 
     conferees do not intend these activities as counting toward 
     the $50,000,000 for the Health Care Information Technology 
     program.
       The conferees provide $15,000,000 within the total provided 
     for AHRQ for clinical effectiveness research as proposed by 
     the House. The Senate included $20,000,000 for this purpose. 
     This type of research can help improve the quality, 
     effectiveness and efficiency of health care, thereby reducing 
     costs while still improving quality of care. The conferees 
     urge AHRQ to ensure broad access to its findings in this 
     research. In addition, the conferees encourage AHRQ to 
     continue conducting high quality, comprehensive research 
     studies in this area, building upon the priority list of 
     conditions it identified in fiscal year 2005 and conducting 
     research in additional areas such as organization, delivery 
     and management of health care items and services.
       The conferees are pleased with AHRQ's efforts to include 
     bedside medication bar-coding as a component of its health 
     information technology grants, particularly for those grants 
     in rural areas. The conferees understand that almost ten 
     percent of the funding for health information technology 
     grants is allocated to rural projects with a bar-coding 
     component. The conferees encourage AHRQ to increase its 
     awards in this area since bar-coding has been shown to have a 
     substantial effect on preventable errors in adverse drug 
     events.

               Centers for Medicare and Medicaid Services


                Payments to the Health Care Trust Funds

       The conference agreement provides $177,742,200,000 for the 
     payment to the Health Care Trust Funds as proposed by the 
     House rather than $177,822,200,000 as proposed by the Senate.


                           Program Management

       The conference agreement includes $3,170,927,000 for 
     program management instead of $3,180,284,000 as proposed by 
     the House and $3,181,418,000 as proposed by the Senate. An 
     additional appropriation of $720,000,000 has been provided 
     for the Medicare Integrity Program through the Health 
     Insurance Portability and Accountability Act of 1996.
       The conferees encourage CMS to consider using $3,000,000 of 
     the funds provided through the Medicare Integrity Program to 
     study and demonstrate the use of data fusion technology that 
     enables accurate linkages between data records across large, 
     disparate databases in near-real time using public records, 
     commercial data and complete CMS data sets to help prevent, 
     and determine instances of, fraud, waste and abuse.
       The conference agreement includes $58,000,000 for research, 
     demonstration, and

[[Page H10405]]

     evaluation instead of $65,000,000 as proposed by the House 
     and $83,494,000 as proposed by the Senate. Within the total 
     provided, the conference agreement provides $25,000,000 for 
     Real Choice Systems Change Grants to States. The Senate 
     provided $40,000,000 for these grants. The House did not 
     provide funding for them.
       The conferees are pleased with the demonstration project at 
     participating sites licensed by the Program for Reversing 
     Heart Disease and encourage its continuation. The conferees 
     further urge CMS to continue the demonstration project being 
     conducted at the Mind Body Institute of Boston, 
     Massachusetts.
       The conferees are very pleased with the ongoing efforts of 
     CMS to address the seriously adverse health status of Native 
     Hawaiians and American Samoans residing in the geographical 
     area of the Waimanalo Health Center. The conferees urge CMS 
     to consider waivers for rural or isolated area demonstration 
     projects when calculating such requirements as population 
     density in the State of Hawaii and are particularly pleased 
     with the University of Hawaii's efforts to provide necessary 
     health care in rural Hilo.
       The conferees encourage CMS to conduct a national, three-
     year demonstration project to identify effective Medication 
     Therapy Management Program (MTMP) models for Medicare Part D 
     enrollees. The demonstration project should emphasize 
     evidence-based prescribing, prospective medication 
     management, technological innovation and outcomes reporting 
     and should be capable of implementation on a large scale.
       The conference agreement includes $2,172,987,000 for 
     Medicare operations as proposed by the House instead of 
     $2,184,984,000 as proposed by the Senate.
       The conference agreement includes bill language proposed by 
     the Senate making up to an additional $32,500,000 available 
     to CMS for Medicare claims processing if the volume of claims 
     exceeds particular thresholds. The House bill did not contain 
     similar language.
       The conference agreement does not include bill language 
     proposed by the Senate directing the Secretary to send a 
     notice to Medicare beneficiaries by January 1, 2006, 
     notifying them of an error in the annual notice that had 
     previously been mailed to them. The House bill did not 
     contain similar language. The conferees are very concerned 
     about the incorrect information on the new Medicare 
     prescription drug plan that was inadvertently sent to 
     beneficiaries. The conferees request that by no later than 
     March 1, 2006, CMS report to the House and Senate 
     Appropriations Committees a comprehensive summary of the 
     actions taken to correct errors in the ``Medicare & You 
     2006'' handbook that was mailed to beneficiaries in October 
     2005. The conferees further direct that any notices to 
     beneficiaries regarding the handbook error clearly state that 
     the guidebook's tables on the levels of premium assistance 
     were in error and that beneficiaries have until May 15, 2006 
     to enroll in a plan.
       The conference agreement does not include general provision 
     language proposed by the House that would prohibit funds 
     being used to place social security numbers on ID cards 
     issued to Medicare beneficiaries. The agreement also does not 
     include general provision language proposed by the Senate 
     that directs the Secretary to issue a report by June 30, 2006 
     describing plans to change the numerical identifier used for 
     Medicare beneficiaries. The conferees consider this issue to 
     be one of the utmost urgency and expect the Secretary to 
     accelerate ongoing plans to convert the beneficiary 
     identifiers.
       The conference agreement provides $655,000,000 for Federal 
     administration instead of $657,357,000 as proposed by the 
     House and $628,000,000 as proposed by the Senate.
       The conferees urge CMS to carefully review its decision to 
     cut Medicare funding for second-year, specialized pharmacy 
     residency programs, which provide specialized training to 
     medication use experts in areas like geriatrics, oncology, 
     and critical care. CMS should take into account new data 
     submitted by national pharmacist associations and provide a 
     full report to the House and Senate Committees within three 
     months describing the agency?s rationale for any decision 
     that results in these programs remaining unfunded.
       The conferees are concerned about the recent data published 
     by CMS showing that less than one-third of Medicare 
     beneficiaries eligible for diabetes self-management training 
     (DSMT) are receiving the care and instruction they need. The 
     conferees urge CMS to consider removing barriers for 
     certified diabetes educators to providing DSMT to Medicare 
     beneficiaries, including but not limited to the addition of 
     Medicare coverage for the provision of such services, and to 
     identify strategies for evaluating the effectiveness of 
     diabetes education in improving the self-care of people with 
     diabetes and in reducing risk factors for diabetes.
       The conferees are concerned with the unprecedented increase 
     in autism diagnoses over the past two decades and its effect 
     on the Medicaid program. As more young children reach 
     adolescence and adulthood, the need for home-based as well as 
     out-of-home, residential services will increase. The 
     conferees encourage CMS to facilitate the expansion and 
     availability of respite care to families with autism. The 
     conferees also encourage CMS to work with States to design 
     geographically-based demonstrations allowing for greater 
     concentration of resources for home-based assistance and 
     respite care.
       The conferees urge CMS to promulgate regulations providing 
     the option of direct access to licensed audiologists under 
     similar terms and conditions used by the Department of 
     Veterans Affairs and the Office of Personnel Management. The 
     Department of Veterans Affairs reports that direct access 
     provides high quality, efficient, and cost-effective hearing 
     care. If CMS does not believe it has the current legal 
     authority to make such a change, CMS should provide a written 
     report to the House and Senate Appropriations Committees by 
     April 1, 2006 detailing the legal reasoning for this 
     position.


                  Health Care Fraud and Abuse Control

       The conference agreement does not include funding for this 
     new account as proposed by the House. The Senate had provided 
     $80,000,000 for this activity.

                Administration for Children and Families


                   Low-Income Home Energy Assistance

       The conference agreement provides $2,183,000,000 for low-
     income home energy assistance as proposed by the Senate 
     instead of $2,006,799,000 as proposed by the House. Of the 
     amount provided $2,000,000,000 is provided for formula grants 
     to States. The House bill proposed the full amount for State 
     formula grants and the Senate bill proposed $1,883,000,000. 
     Within the funds available, $27,500,000 is included for the 
     leveraging incentive fund as proposed by the Senate. The 
     House did not include funding for the leveraging incentive 
     fund. As proposed by the House, the conference agreement does 
     not include funding within State formula grants for a 
     feasibility study. The Senate proposed $500,000 for this 
     activity.
       The conference agreement includes $183,000,000 for the 
     contingency fund to be available through September 30, 2006. 
     The Senate bill proposed $300,000,000 for the emergency fund 
     and designated those funds as an emergency. The House did not 
     propose funding for either the contingency or emergency fund. 
     Together with the $20,350,000 still available in the 
     emergency fund appropriated in fiscal year 2005, the total 
     amount available in fiscal year 2006 to respond to heating 
     and cooling emergencies is $203,350,000.
       The conferees expect the appropriation provided for the 
     contingency fund to be released, in full, prior to September 
     30, 2006. Given the forecasts of the costs associated with 
     home heating this winter, the conferees anticipate that 
     States will experience energy emergency conditions that will 
     require additional Federal support that is available through 
     the contingency fund.

                     Refugee and Entrant Assistance

       The conference agreement includes $575,579,000 for the 
     refugee and entrant assistance programs rather than 
     $560,919,000 as proposed by the House and $571,140,000 as 
     proposed by the Senate. The conference agreement does not 
     include funds for any of these activities through emergency 
     funding. The Senate bill provided $19,100,000 within the 
     total as emergency funding; the House bill did not include 
     emergency funding for these activities. The detailed table at 
     the end of this joint statement reflects the activity 
     distribution agreed to by the conferees.
       The conference agreement includes $268,229,000 for the 
     transitional and medical services program. The House included 
     $264,129,000 for this program. The Senate provided 
     $264,129,000 through regular appropriations and $4,100,000 as 
     an emergency for this program. The conference agreement 
     does not include emergency funding for this program. It is 
     the intention of the conferees that the level provided 
     would allow for assistance to eligible individuals during 
     their first eight months in the United States.
       The conference agreement provides $155,560,000 for social 
     services, rather than $160,000,000 as proposed in the House 
     and $151,121,000 as proposed by the Senate. Within the funds 
     provided, the conference agreement includes $19,000,000 as 
     outlined in the House report. The Senate did not include 
     similar language. The conferees intend that funds provided 
     above the request for social services shall be used for 
     refugee school impact grants and for additional assistance in 
     resettling and meeting the needs of the Hmong refugees 
     expected to arrive during 2006 and 2007 or for other urgent 
     needs.
       The conference agreement provides $78,083,000 for the 
     unaccompanied minors program. The House bill proposed 
     $63,083,000 for this program. The Senate provided $63,083,000 
     through regular appropriations and $15,000,000 as an 
     emergency for this program. The conference agreement does not 
     include emergency funding for this program. The conferees 
     direct the Secretary of Health and Human Services to issue a 
     report by no later than one year after the date of enactment 
     of this Act on progress made by the Office of Refugee 
     Resettlement and programs funded under this Act to shift 
     children to more child-centered, age-appropriate, small 
     group, home-like environments for unaccompanied children in 
     its custody.


   Payments to States for the Child Care and Development Block Grant

       The conference agreement includes $2,082,910,000 for the 
     child care and development block grant, the same level as 
     both the House and Senate bills. The conference agreement 
     includes several specified funding recommendations within the 
     total at levels proposed by the House rather than at the 
     funding levels proposed by the Senate.


                Children and Families Services Programs

                    (including rescission of funds)

       The conference agreement includes $8,932,713,000 for 
     children and families services programs, of which $10,500,000 
     is provided through the evaluation set-aside. The

[[Page H10406]]

     House bill proposed $8,701,207,000 for these programs with 
     $12,500,000 from the evaluation set-aside and the Senate 
     proposed $9,036,453,000 with $10,500,000 from the evaluation 
     set-aside. The detailed table at the end of this joint 
     statement reflects the activity distribution agreed to by the 
     conferees.
     Head Start
       The conference agreement includes $6,843,114,000 for Head 
     Start rather than $6,899,000,000 as proposed by the House and 
     $6,863,114,000 as proposed by the Senate. The agreement 
     includes $1,388,800,000 in advance funding, the same level as 
     proposed by the Senate. The House bill proposed 
     $1,400,000,000 for advance funding.
       To enable the establishment of a panel of independent 
     experts under the National Academy of Sciences to review and 
     provide guidance on appropriate outcomes and assessments for 
     young children, the conferees provide $1,000,000, within the 
     total for Head Start, for the National Academy of Sciences.
       The conference agreement includes, as a general provision, 
     a limitation against the use of funds for Head Start to pay 
     the compensation of an individual, either as direct costs or 
     any proration as an indirect cost, at a rate in excess of 
     Executive Level II, as proposed by the House. The Senate did 
     not include a similar provision.
       The conference agreement includes two general provisions 
     relating to waiving requirements of regulations promulgated 
     under the Head Start Act for transporting children enrolled 
     in either Head Start or Early Head Start. The Senate bill 
     included one general provision regarding this issue, but used 
     different language than is included in the conference 
     agreement. The House included report language pertaining to 
     transportation waivers for this program.
     Consolidated runaway and homeless youth program
       The conference agreement includes $88,724,000 for the 
     consolidated runaway and homeless youth program, the same 
     level as proposed by the Senate, rather than $88,728,000 as 
     proposed by the House.
     Child abuse discretionary activities
       The conference agreement includes $26,040,000 for child 
     abuse discretionary programs instead of $31,645,000 as 
     proposed by the House and $31,640,000 as proposed by the 
     Senate.
     Adoption incentive
       The conference agreement includes $18,000,000 for the 
     adoption incentive program rather than $31,846,000 as 
     proposed by the House and $22,846,000 as proposed by the 
     Senate. Actual bonus payments to States for fiscal year 2005 
     were less than amounts previously estimated, therefore, of 
     the funds provided in fiscal year 2005 and made available 
     through fiscal year 2006, the conference agreement rescinds 
     $22,500,000. Neither the House nor the Senate proposed 
     rescinding funds from this program.
     Compassion capital fund
       The conference agreement includes $65,000,000 for the 
     compassion capital fund rather than $75,000,000 as proposed 
     by the House and $95,000,000 as proposed by the Senate. Prior 
     to advertising the availability of funds for any grant for 
     the youth gang prevention initiative, the conferees request 
     that the Department of Health and Human Services brief the 
     House and Senate Committees on Appropriations regarding the 
     planned use of these funds.
     Social services and income maintenance research
       The conference agreement includes $11,927,000 for social 
     services and income maintenance research, of which $6,000,000 
     is provided through the evaluation set-aside. The House 
     proposed $10,621,000 for this program, of which $8,000,000 
     was funded through the evaluation set-aside and the Senate 
     proposed $32,012,000, of which $6,000,000 was from the 
     evaluation set-aside.
       The conferees note that efforts undertaken through the 
     State information technology consortium have led to greatly 
     improved systems communications and compliance in both the 
     TANF and child support enforcement (CSE) programs. For TANF, 
     the conferees have provided $2,000,000 to permit States to 
     utilize uniquely designed web-based technology to improve 
     benefit delivery and fulfill new Federal reporting 
     requirements. For CSE, the conferees have provided $3,000,000 
     to continue the consortium's efforts to improve data exchange 
     between CSE and the courts in ways that will significantly 
     reduce the time lag between court orders and enforcement/
     collections activities.
     Developmental disabilities
       Within developmental disabilities programs, the conference 
     agreement includes $39,109,000 for protection and advocacy 
     services as proposed by the Senate instead of $38,109,000 as 
     proposed by the House.
       The conference agreement also includes $15,879,000 for 
     voting access for individuals with disabilities rather than 
     $14,879,000 as proposed by the House and $30,000,000 as 
     proposed by the Senate. Within the funds provided, 
     $11,000,000 is for payments to States to promote access for 
     voters with disabilities and $4,879,000 is for State 
     protection and advocacy systems.
       As proposed by both the House and Senate, the conference 
     agreement provides $11,529,000 for the developmental 
     disabilities projects of national significance. Within this 
     amount, $4,000,000 is to expand activities of the Family 
     Support Program, as proposed by the Senate. The House did not 
     include similar language.
     Community services
       The conference agreement includes $636,793,000 for the 
     community services block grant (CSBG) as proposed by the 
     Senate rather than $320,000,000 as proposed by the House. The 
     conferees concur with language included in the Senate report 
     that the Office of Community Services (OCS) release funding 
     to States in the timeliest manner and that States make funds 
     available promptly to local eligible entities. In addition, 
     the conferees expect OCS to inform State CSBG grantees of any 
     policy changes affecting carryover funds within a reasonable 
     time after the beginning of the Federal fiscal year. The 
     House did not include similar language.
       As proposed by both the House and Senate, the conference 
     agreement includes $32,731,000 for community economic 
     development. The conferees concur with language included in 
     the Senate report that appropriated funds be allocated, to 
     the maximum extent possible, in the form of grants to 
     qualified community development corporations in order to 
     maximize the leveraging power of the Federal investment and 
     the number and the amount of set-asides should be reduced to 
     the most minimal levels. The House did not include similar 
     language.
       The conference agreement includes $7,367,000 for rural 
     community facilities instead of $7,242,000 as proposed by the 
     House and $7,492,000 as proposed by the Senate. The conferees 
     intend that the increase provided for the Rural Community 
     Facilities program be used to provide additional funding to 
     the six regional RCAPs.
       The conference agreement does not include funding for the 
     National Youth Sports program as proposed by the House. The 
     Senate proposed $10,000,000 for this program.
       The conference agreement does not include funding for 
     community food and nutrition as proposed by the House. The 
     Senate proposed $7,180,000 for this program.
     Independent living training vouchers
       The conference agreement includes $46,623,000 for 
     independent living training vouchers as proposed by the 
     Senate instead of $50,000,000 as proposed by the House.
     Community-based abstinence education
       The conference agreement includes $114,500,000 for 
     community-based abstinence education as proposed by the House 
     rather than $105,500,000 as proposed by the Senate. The 
     conference agreement includes $4,500,000 in program 
     evaluation funds for the abstinence education program and 
     $110,000,000 in budget authority. The conferees concur with 
     language included in the House report regarding technical 
     assistance and capacity-building support to grantees. The 
     Senate report did not include similar language.
       Within the total for community-based abstinence education, 
     up to $10,000,000 may be used to carry out a national 
     abstinence education campaign as proposed by both the House 
     and the Senate. The conferees concur with language included 
     in the Senate report that the Administration for Children and 
     Families use available funds to continue support for an 
     independent group to conduct a thorough and rigorous 
     evaluation of this campaign. The House did not include 
     similar language.
     Program direction
       The conference agreement includes $185,217,000 for program 
     direction as proposed by the House instead of $186,000,000 as 
     proposed by the Senate.


                   promoting safe and stable families

       The conference agreement includes $90,000,000 for the 
     discretionary grant program of promoting safe and stable 
     families as proposed by the Senate rather than $99,000,000 as 
     proposed by the House.

                        Administration on Aging


                        aging services programs

       The conference agreement includes $1,376,624,000 for aging 
     services programs instead of $1,376,217,000 as proposed by 
     the House and $1,391,699,000 as proposed by the Senate. The 
     detailed table at the end of this joint statement reflects 
     the activity distribution agreed to by the conferees.
       The conference agreement includes $20,360,000 for 
     activities for the protection of vulnerable older Americans 
     as proposed by the Senate instead of $19,360,000 as proposed 
     by the House. Within the funds provided $15,162,000 is for 
     the ombudsman services program as proposed by the Senate.
       Included in the conference agreement is $157,744,000 for 
     the family caregivers program rather than $155,744,000 as 
     proposed by the House and $160,744,000 as proposed by the 
     Senate.
       The conference agreement includes $722,292,000 for 
     nutrition programs rather than $725,885,000 as proposed by 
     the House and $718,697,000 as proposed by the Senate. Within 
     the total, $389,211,000 is provided for congregate meals 
     rather than $391,147,000 as proposed by the House and 
     $387,274,000 as proposed by the Senate; $183,742,000 is 
     provided for home delivered meals rather than $184,656,000 as 
     proposed by the House and $182,827,000 as proposed by the 
     Senate; and, $149,339,000 is provided for the nutrition 
     services incentives program rather than $150,082,000 as 
     proposed by the House and $148,596,000 as proposed by the 
     Senate.
       The conference agreement includes $24,843,000 for program 
     innovations instead of $23,843,000 as proposed by the House 
     and $40,513,000 as proposed by the Senate. The conferees 
     continue to support funding at no less than last year's level 
     for national programs scheduled to be refunded in fiscal year

[[Page H10407]]

     2006 as proposed by the Senate that address a variety of 
     issues, including elder abuse, Native American issues and 
     legal services. The House report did not include similar 
     language.
       Within the funding provided, the conference agreement 
     includes $3,000,000, as proposed by the House, for social 
     research into Alzheimer's disease care options, best 
     practices and other Alzheimer's research priorities that 
     include research into cause, cure and care, as well as 
     respite care, assisted living, the impact of intervention by 
     social service agencies on victims, and related needs. The 
     agreement recommends this research utilize and give 
     discretion to area agencies on aging and their non-profit 
     divisions in municipalities with aged populations (over the 
     age of 60) of over 1,000,000, with preference given to the 
     largest population. The conferees also recommend that unique 
     partnerships to affect this research be considered for the 
     selected area agency on aging. The Senate did not include 
     funding for this activity.
       Given the enormous demands on Alzheimer's family 
     caregivers, the conferees have included $1,000,000, as 
     proposed by the Senate, to support an Alzheimer's family 
     contact center for round-the-clock help to Alzheimer's 
     families in crisis. The House did not include funding for 
     this activity.

                        Office of the Secretary


                    general departmental management

       The conference agreement includes $352,703,000 for general 
     departmental management instead of $338,695,000 as proposed 
     by the House and $363,614,000 as proposed by the Senate, 
     along with $5,851,000 from Medicare trust funds, which was 
     provided by both the House and Senate. In addition, 
     $39,552,000 in program evaluation funding is provided, which 
     was proposed by both the House and Senate.
       The conference agreement includes bill language proposed by 
     the Senate directing that specific information requests from 
     the chairmen and ranking members of the Subcommittees on 
     Labor, Health and Human Services, and Education, and Related 
     Agencies, on scientific research or any other matter, be 
     transmitted to the Committees on Appropriations in a prompt 
     professional manner and within the time frame specified in 
     the request. The bill language further directs that 
     scientific information requested by the Committees on 
     Appropriations and prepared by government researchers and 
     scientists be transmitted to the Committees on 
     Appropriations, uncensored and without delay. The House did 
     not include such a provision.
       The conference report does not include a general provision 
     proposed by the Senate related to compliance with section 2 
     of the Improper Payments Information Act of 2002 (IPIA) for 
     the Temporary Assistance for Needy Families Program, the 
     Foster Care and Adoption Assistance program, the Medicaid 
     program, the State Children's Health Insurance Program, and 
     the Child Care and Development Block Grant program. The House 
     bill did not contain similar language. The conferees request 
     that not later than sixty days after the date of enactment of 
     the Act the Secretary of Health and Human Services provides a 
     report on this topic to the Appropriations Committees. In 
     addition to the actions that have been taken to date, this 
     report should include HHS's plans and the specific steps that 
     are necessary to achieve compliance with section 2 in these 
     programs.
       The conference agreement includes $2,500,000 to support the 
     last year of the Citizens' Health Care Working Group 
     established in the Medicare Modernization Act. The Senate 
     proposed $3,000,000 for this activity; the House report did 
     not contain a similar provision.
       The conference agreement includes $500,000 with which the 
     Secretary is directed to conduct a study to determine the 
     best way to promote the use of advance directives among 
     competent adults as a means of specifying their wishes about 
     end of life care. The Senate report had a similar provision. 
     The House report did not request such a study.
       The conferees intend that, of the funding provided to the 
     Office of Minority Health, no less than the fiscal year 2005 
     funding level be allocated to a culturally competent and 
     linguistically appropriate public health response to the HIV/
     AIDS epidemic. The House report had a similar provision; the 
     Senate report did not have such a provision.
       The conference report does not include funding within the 
     Office of the Secretary for the third year of the Ad 
     Council's underage drinking media campaign as proposed by the 
     House. The conferees have instead provided funding for this 
     effort within the Substance Abuse and Mental Health Services 
     Administration as proposed by the Senate.
       The conferees are concerned about the diminished 
     partnership between OMH and the nation's historically black 
     medical schools. Despite repeated urging by the Committees, 
     OMH has not maintained and cultivated cooperative agreements 
     and other mechanisms of support with Meharry Medical College, 
     Morehouse School of Medicine, and Charles R. Drew University 
     of Medicine and Science. The conferees encourage OMH to: 1) 
     re-establish its unique cooperative agreement with Meharry 
     Medical College, 2) develop a formal partnership with the 
     Morehouse School of Medicine and its National Center for 
     Primary Care, and 3) coordinate a Public Health Service-wide 
     response to the challenges facing the Charles R. Drew 
     University of Medicine and Science, including expanded 
     opportunities for biomedical research and support for 
     residency training faculty.
       The conferees recognize that gynecological cancers are 
     treatable if diagnosed at an early stage, and are concerned 
     about the low level of awareness among women concerning the 
     early warning signs of gynecologic cancers. The conferees 
     recognize that there are many activities undertaken by the 
     Secretary to raise awareness about gynecologic cancers, but 
     are concerned that a lack of coordination of these activities 
     among the agencies may limit the effectiveness and outreach 
     of these programs. The conferees encourage the Secretary to 
     examine these programs, and coordinate their activities 
     through the Office of Women's Health. The Secretary is also 
     encouraged to consider developing a national education 
     campaign.


                office of medicare hearings and appeals

       The conference agreement includes $60,000,000 for this 
     activity as proposed by the House instead of $75,000,000 as 
     proposed by the Senate.


  office of the national coordinator for health information technology

       The conference agreement includes $61,700,000 for this 
     activity, of which $42,800,000 is provided in budget 
     authority and $18,900,000 is made available through the 
     Public Health Service program evaluation set-aside. The House 
     had provided a combined total of $75,000,000 for this 
     activity; the Senate provided a combined total of 
     $45,150,000.
       The conference agreement does not include general provision 
     language proposed by the Senate or similar language proposed 
     by the House prohibiting the use of funds provided in the Act 
     to implement any strategic plan that does not require a 
     patient whose information is maintained by the Department to 
     be given notice if it is lost, stolen or used for another 
     purpose. The conferees underscore the importance of consumer 
     confidence in the privacy and security of their personal 
     health information as a fundamental principle in all actions 
     taken to carry out the HHS Health Information Technology 
     (HIT) strategic plan. The conferees understand that HHS has 
     funded a ``Privacy and Security Solutions for Interoperable 
     Health Information Exchange'' contract to study and address 
     variations in State law and business practices related to 
     privacy and security that may pose challenges to 
     interoperable health information exchange. Funds are included 
     for the Office of the National Coordinator for Health 
     Information Technology to continue its work to evaluate and 
     initiate solutions, including those that will maintain the 
     security and privacy protections for personal health 
     information, as part of the Department's activities in 
     carrying out its HIT strategic plan. The conferees request a 
     report within 90 days describing how HHS plans to address 
     privacy issues in the information technology program.

                      Office of Inspector General

       The conference agreement includes $39,813,000 for the 
     Office of Inspector General (OIG) as proposed by both the 
     House and the Senate. The conferees expect that the OIG will 
     utilize funds provided in section 121 of H.J. Res. 68 to 
     provide continued oversight of Medicare Modernization Act 
     implementation and the Medicare program.


            public health and social services emergency fund

       The conference agreement includes $183,589,000 for the 
     Public Health and Social Services Emergency Fund (PHSSEF) to 
     enhance Federal, State, and local preparedness to counter 
     potential biological, disease, chemical, and radiological 
     threats to civilian populations, the same as proposed by the 
     House. The Senate had provided $8,158,589,000, with 
     $8,095,000,000 designated as an emergency requirement 
     pursuant to the concurrent resolution on the budget for 
     fiscal year 2006.
       Within the amount provided, the conference agreement 
     includes $120,000,000, available until expended, for 
     activities to ensure year-round production capacity of 
     influenza vaccine. This is the same as proposed by the House. 
     The Senate had incorporated this funding within the 
     $8,095,000,000 designated as emergency spending.

                           General Provisions

                        Head Start Compensation

       The conference agreement includes a general provision that 
     prohibits the use of funds for Head Start to pay the 
     compensation of an individual, either as direct costs or any 
     proration as an indirect cost, at a rate in excess of 
     Executive Level II, as proposed by the House. The Senate bill 
     did not contain a similar provision.

                        Evaluation Tap Authority

       The conference agreement includes a provision to allow for 
     a 2.4 percent evaluation tap pursuant to section 241 of the 
     Public Health Service Act. This tap is to be applied to 
     programs authorized under the Public Health Service Act. The 
     House bill contained a provision to allow for a 1.3 percent 
     evaluation tap and the Senate bill allowed for a 2.5 percent 
     evaluation tap.

                     One Percent Transfer Authority

       The conference agreement includes language proposed by the 
     Senate providing the Secretary of HHS with the authority to 
     transfer up to 1 percent of discretionary funds between a 
     program, project, or activity, but no such program, project 
     or activity shall be increased by more than 3 percent by

[[Page H10408]]

     any such transfer. Additionally, a program, project or 
     activity may be increased up to an additional 2 percent 
     subject to written approval of the House and Senate 
     Appropriations Committees. The House bill included a similar 
     provision, but allowed the authority to transfer between 
     appropriations.

                      HIV Research Funds Transfer

       The conference agreement includes a general provision as 
     proposed by the House allowing the Director of the National 
     Institutes of Health, jointly with the Director of the Office 
     of AIDS Research, to transfer up to 3 percent of funding 
     identified by these two directors as funding pertaining to 
     HIV research among institutes and centers. The Senate 
     included similar language.

                 Council on Graduate Medical Education

       The conference agreement includes a general provision 
     proposed by the Senate allowing for the continued operation 
     of the Council on Graduate Medical Education. The House bill 
     contained no similar provision.

            Smallpox Vaccine Injury Compensation Rescission

       The conference agreement includes a general provision 
     rescinding $10,000,000 from the smallpox vaccine injury 
     compensation fund as proposed by the Senate. The House bill 
     contained no similar provision.

                        Naming of CDC Buildings

       The conference agreement includes a general provision 
     proposed by the Senate naming two Centers for Disease Control 
     and Prevention buildings. The House did not include a similar 
     provision.

                      Power Wheelchair Regulations

       The conference agreement modifies a general provision 
     proposed by the Senate prohibiting funds to be used to 
     implement or enforce Medicare regulations on power mobility 
     devices prior to April 1, 2006. The conference agreement 
     includes limitation language prohibiting the implementation 
     of a regulation until April 1, 2006 and deletes the portions 
     of the Senate provision that reduced payments for power 
     mobility devices and established deadlines for future 
     rulemaking. The House bill contained no similar provision. 
     The conferees concur in the intent of the Senate language 
     that a proposed rule be published by January 1, 2006, 
     followed by a 45-day period to comment on the proposed rule, 
     and that by not later than February 14, 2006, a final rule be 
     published, followed by a 45-day transition period for 
     implementation.

                    Head Start Transportation Waiver

       The conference agreement modifies general provision 
     language proposed by the Senate pertaining to waivers for the 
     transportation of children enrolled in either Head Start or 
     Early Head Start. The House included report language dealing 
     with this issue.

                  Head Start Transportation Regulation

       The conference agreement includes a general provision that 
     the regulation pertaining to Head Start transportation shall 
     not be effective until June 30, 2006, or 60 days after the 
     date of enactment of a statute that authorizes appropriations 
     for fiscal year 2006 to carry out the Head Start Act, 
     whichever date is earlier. This clarifying provision was not 
     included in either the House or Senate bills.

              Health Professions Student loan Rescissions

       The conference agreement includes two general provisions 
     rescinding unobligated balances of the Health Professions 
     Student Loan Program and the Nursing Student Loan Program. 
     The House and Senate included similar provisions for the 
     Health Professions Student Loan Program.

             Department of Health and Human Services Travel

       The conference agreement includes a new provision granting 
     authority to the Secretary to use, at his discretion, charter 
     aircraft under contract with the Centers for Disease Control 
     and Prevention (CDC). The Secretary has significant 
     operational responsibilities in times of emergencies and in 
     the days following such emergencies. The Department is the 
     primary agency for directing public health and medical 
     services in response to significant events. Due to the 
     unpredictable nature of such events, the conferees believe 
     the Secretary must be in a posture to respond and communicate 
     as an event is unfolding. Yet, existing travel limitations on 
     the Secretary make this extremely difficult. The availability 
     of CDC's charter aircraft will allow the Secretary to 
     immediately return to Washington or rapidly move to another 
     location as the situation dictates, at the same time being 
     able to securely communicate with and direct the Department.
       The conference agreement also extends this authority to the 
     Director of the Centers for Disease Control and Prevention. 
     The conferees understand that, due to existing restrictions, 
     the Director on a number of occasions has not been able to 
     accompany employees of the Agency responding to public health 
     emergencies.
       The conferees expect the Secretary and the Director of CDC 
     to exercise this authority in an economical and judicious 
     manner. The conferees request that the Secretary report to 
     the Committees on Appropriations of the House and Senate 
     regarding the use of this authority in the annual 
     justification of estimates for the Appropriations Committees 
     and at the end of the third quarter of each fiscal year.

                State Pharmaceutical Assistance Programs

       The conference agreement does not include a general 
     provision proposed by the Senate to extend the availability 
     of fiscal year 2005 funding appropriated for State 
     Pharmaceutical Assistance Programs in the Medicare 
     Modernization Act through fiscal year 2006. The House bill 
     did not include a similar provision.

          Use of Social Security Numbers on Medicare ID Cards

       The conference agreement deletes without prejudice general 
     provisions proposed by both the House and Senate relating to 
     the use of Social Security numbers on Medicare ID cards. 
     Language is included within the Centers for Medicare and 
     Medicaid Services section of the statement of the managers.

                          Rapid Oral HIV Tests

       The conference agreement does not include a general 
     provision proposed by the Senate directing the Secretary of 
     HHS to use funds appropriated in Title II of this Act to 
     purchase not less than one million rapid oral HIV tests. The 
     House did not include a similar provision.

                        Telehealth Appropriation

       The conference agreement deletes without prejudice a 
     general provision proposed by the Senate relating to 
     increased funding for telehealth programs. Funding for 
     telehealth programs is included within HRSA. The House did 
     not include a similar provision.

                        Dental Workforce Program

       The conference agreement does not include a general 
     provision proposed by the Senate earmarking, within funds 
     appropriated to HRSA, grants for programs to address dental 
     workforce needs. Funding for this program is included within 
     HRSA program management. The House did not include a similar 
     provision.

         Medically Accurate Information in Abstinence Programs

       The conference agreement does not include a general 
     provision proposed by the Senate that none of the funds made 
     available in the Act may be used to provide abstinence 
     education that includes information that is medically 
     inaccurate, which is defined by information that is 
     unsupported or contradicted by peer-reviewed research by 
     leading medical, psychological, psychiatric, and public 
     health publications, organizations, and agencies. The House 
     did not include a similar provision.

            Low-Vision Rehabilitation Services Demonstration

       The conference agreement deletes without prejudice a 
     general provision proposed by the Senate appropriating 
     funding for a low-vision rehabilitation services 
     demonstration. The House bill contained no similar provision. 
     The Secretary of HHS is strongly urged to implement the Low-
     Vision Rehabilitation Services Demonstration Project, which 
     was originally requested in the fiscal year 2004 
     appropriations conference report. The demonstration is to 
     examine the impact of standardized national coverage for 
     vision rehabilitation services provided in the home by vision 
     rehabilitation professionals under the Medicare program. The 
     conferees expect the Secretary of HHS and CMS to take the 
     necessary steps to finalize the design and structure of the 
     demonstration project no later than January 1, 2006. The 
     conferees intend the Secretary to expend from available funds 
     appropriated to him, including transfers authorized under 
     existing authorities from the Federal Supplementary Insurance 
     Trust Fund, an amount not to exceed $2,000,000 in fiscal year 
     2006. The conferees expect the Secretary to take steps to 
     update the design and expand the size of the Low-Vision 
     Rehabilitation Services Demonstration Project in fiscal year 
     2007.

             DSH Medicaid Payments to the State of Virginia

       The conference agreement deletes without prejudice a 
     general provision proposed by the Senate containing a sense 
     of the Senate resolution expressing awareness of the issue of 
     defining ``hospital costs'' incurred by the State of Virginia 
     for purposes of Medicaid reimbursement and urging CMS to work 
     with the State to resolve the pending issue. The House did 
     not include a similar provision.

                         Defibrillation Devices

       The conference agreement deletes without prejudice a 
     general provision proposed by the Senate appropriating funds 
     for the Automatic Defibrillation in Adam's Memory Act. 
     Funding for this program is included within HRSA. The House 
     did not include a similar provision.

                       Office of Minority Health

       The conference agreement does not include a general 
     provision proposed by the Senate shifting funding to the 
     Office of Minority Health from the Program Management account 
     within CMS. Funding for the Office of Minority Health and CMS 
     Program Management are included within those specific 
     accounts. The House did not include a similar provision.

                           Mosquito Abatement

       The conference agreement does not include a general 
     provision proposed by the Senate earmarking funds within CDC 
     for mosquito abatement for safety and health. The House did 
     not include a similar provision.

                        Community Health Centers

       The conference agreement does not include a general 
     provision proposed by the Senate increasing funding for the 
     Community

[[Page H10409]]

     Health Centers program. Funding for the Community Health 
     Centers program is included within HRSA. The House did not 
     include a similar provision.

                      Health Information Security

       The conference agreement deletes without prejudice a 
     general provision proposed by the Senate prohibiting the use 
     of funds provided in the Act to implement any strategic plan 
     that does not require a patient whose information is 
     maintained by the Department to be given notice if it is 
     lost, stolen or used for another purpose. The House bill 
     contained a similar provision. Language is included within 
     the Office of the National Coordinator for Health Information 
     Technology section of the statement of the managers.

                  Limitation on Travel and Conferences

       The conference agreement does not include a general 
     provision proposed by the Senate reducing the appropriations 
     for travel, conference programs and related expenses for the 
     Department of Health and Human Services. The House did not 
     include a similar provision.

                         Help America Vote Act

       The conference agreement does not include a general 
     provision proposed by the Senate providing additional funding 
     for the Help America Vote Act. Funding for programs 
     authorized by the Help America Vote Act and administered by 
     HHS are included within the Children and Families Services 
     section of the Administration for Children and Families. The 
     House did not include a similar provision.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       The conference agreement includes $14,627,435,000 for the 
     Education for the Disadvantaged account instead of 
     $14,728,735,000 as proposed by the House and $14,532,785,000 
     as proposed by the Senate. The agreement provides 
     $7,244,134,000 in fiscal year 2006 and $7,383,301,000 in 
     fiscal year 2007 funding for this account.
       The conference agreement includes $100,000,000 for the Even 
     Start program instead of $200,000,000 as proposed by the 
     House. The Senate bill did not include funding for this 
     program.
       The conferees intend for funds available under the Reading 
     First program to be used for reading programs with the 
     strongest possible scientific evidence of effectiveness. The 
     conferees strongly urge the Department to provide clear 
     guidance to its technical assistance centers and the States 
     to: fully consider scientific evidence of effectiveness in 
     rating programs for use under Reading First; contemplate 
     expanded lists of allowable programs that include innovative 
     programs with scientific evidence of effectiveness; when 
     awarding new grants, consider giving preference to those 
     schools that select programs with strong, scientific evidence 
     of effectiveness; and ensure that comprehensive reading 
     programs that have scientific evidence of effectiveness will 
     be implemented in full, as they have been researched, without 
     modification to conform to other models of instruction. The 
     conferees also are concerned that certain practices under the 
     Reading First program may unduly interfere with local control 
     of curriculum. The conferees note that Reading First 
     materials decisions are to be made at the school level, 
     subject to the approval of the State.
       The conference agreement includes $30,000,000 for the 
     Striving Readers program as proposed by the House instead of 
     $35,000,000 as proposed by the Senate.
       The conference agreement also includes $390,428,000 for the 
     State Agency Migrant Education program as proposed by the 
     House instead of $395,228,000 as proposed by the Senate.
       The conference agreement includes $50,300,000 for the 
     Neglected and Delinquent program instead of $49,600,000 as 
     proposed by the House and $51,000,000 as proposed by the 
     Senate.
       The conference agreement includes $8,000,000 for 
     Comprehensive School Reform quality initiatives. The House 
     bill provided $10,000,000 for the Comprehensive School Reform 
     Demonstration program and the Senate bill did not include any 
     funding related to Comprehensive School Reform. The conferees 
     concur that comprehensive school reform (CSR) models provide 
     an exemplary approach to raising academic achievement, 
     particularly for schools that do not make adequate yearly 
     progress under the No Child Left Behind Act. The conferees 
     believe that States should utilize their four percent school 
     improvement set-aside funds to support implementation of 
     comprehensive school reform models with demonstrated success. 
     The conferees strongly urge States to examine methods for 
     distributing school improvement funds that will result in 
     awards of sufficient size and scope to support the initial 
     costs of comprehensive school reforms and to limit funding to 
     programs that include each of the reform components described 
     in section 1606(a) of the No Child Left Behind Act of 2001 
     and have the capacity to improve the academic achievement of 
     all students in core academic subjects within participating 
     schools. Further, the conferees intend that the Secretary 
     shall notify States that schools currently receiving CSR 
     subgrants shall receive priority for targeted grants and/or 
     technical assistance under section 1003(a) of ESEA.
       The conference agreement also includes $18,737,000 for the 
     Migrant Education High School Equivalency program as proposed 
     by the House instead of $21,587,000 as proposed by the 
     Senate.

                               Impact Aid

       The conference agreement includes bill language not 
     included in either the House or Senate bill that restricts 
     the release of impact aid construction funds to a formula 
     distribution.

                      School Improvement Programs

       The conference agreement includes $5,308,564,000 for the 
     School Improvement Programs account instead of $5,393,765,000 
     as proposed by the House and $5,457,953,000 as proposed by 
     the Senate. The agreement provides $3,873,564,000 in fiscal 
     year 2006 and $1,435,000,000 in fiscal year 2007 funding for 
     this account.
       The conference agreement includes $184,000,000 for the 
     Mathematics and Science Partnerships (MSP) program instead of 
     $190,000,000 as proposed by the House and $178,560,000 as 
     proposed by the Senate. The conferees urge the Secretary to 
     encourage MSP grantees to incorporate advanced placement (AP) 
     or pre-advanced placement (PRE-AP) staff development training 
     into their math and science partnership projects to help 
     teachers meet the highly qualified criteria under the No 
     Child Left Behind Act. The AP and PRE-AP professional 
     development initiatives support teachers' content and 
     pedagogical knowledge development so that all students, 
     regardless of whether or not they take AP, will receive 
     rigorous, challenging math and science instruction. The AP 
     math and science initiative has the primary objective of 
     increasing the number of AP opportunities, AP participation 
     rates, and postsecondary acceptance and success rates for 
     disadvantaged students.
       The conference agreement includes $100,000,000 for State 
     Grants for Innovative Education as proposed by the Senate 
     instead of $198,400,000 as proposed by the House. The 
     agreement also includes $275,000,000 for Educational 
     Technology State Grants instead of $300,000,000 as proposed 
     by the House and $425,000,000 as proposed by the Senate.
       The conferees are concerned that many schools are unable to 
     properly assess the performance of students with disabilities 
     and students with limited English proficiency. Therefore, the 
     conferees urge the Department to continue to place a high 
     priority on grant applications for funds available from the 
     enhanced assessments instruments program that aim to improve 
     the quality of state assessments for these two groups of 
     students and to ensure the most accurate means of measuring 
     their performance on these assessments.
       The conference agreement includes $9,693,000 for the Javits 
     Gifted and Talented program instead of $11,022,000 as 
     proposed by the Senate. The House did not propose funding for 
     this program.
       The agreement also includes $22,000,000 for the Foreign 
     Language Assistance program instead of $25,000,000 as 
     proposed by the Senate. The House did not propose funding for 
     this program. The conferees concur with all of the language 
     contained in the Senate report related to the use of these 
     funds and administration of this program. The conference 
     agreement includes language in the Senate bill that prohibits 
     funds from being used for the Foreign Language Incentive Fund 
     program. The House bill did not include a similar provision.
       The conference agreement includes $34,250,000 for the 
     Education of Native Hawaiians program instead of $24,770,000 
     as proposed by the House and $34,500,000 as proposed by the 
     Senate. The agreement includes bill language that allows 
     funds under this program to be used for construction, 
     renovation and modernization of any elementary school, 
     secondary school, or structure related to an elementary 
     school or secondary school run by the Department of Education 
     of the State of Hawaii that serves a predominantly Native 
     Hawaiian student body as proposed by the Senate. The House 
     bill did not include a similar provision.
       The conference agreement also includes bill language, as 
     proposed by the Senate, which provides not less than 
     $1,250,000 to the Hawaii Department of Education for school 
     construction/renovation activities, and $1,250,000 for the 
     University of Hawaii's Center of Excellence in Native 
     Hawaiian Law. The House bill did not include a similar 
     provision.
       The conference agreement includes $34,250,000 for the 
     Alaska Native Educational Equity program instead of 
     $31,224,000 as proposed by the House and $34,500,000 as 
     proposed by the Senate. The conference agreement includes 
     bill language which allows funds available through this 
     program to be used for construction, as proposed by the 
     Senate. The House bill did not include a similar provision. 
     The conferees direct the Department to use at least a portion 
     of these funds to address the construction needs of rural 
     schools.
       The conferees are aware that the Department recently 
     awarded a grant for a California Comprehensive Center, which 
     will provide technical assistance to state and local 
     educational agencies in California. This new Center will have 
     to establish and develop a strong relationship to serve 
     schools in Southern California, which has a majority of 
     California's students and schools identified as in need of 
     improvement as well as the highest number of English Language 
     Learners and schools targeted for restructuring. The 
     conferees encourage the Department of Education to ensure 
     that this Center adequately addresses the needs of Southern 
     California's local school districts.

[[Page H10410]]

                       Innovation and Improvement

       The conference agreement includes $945,947,000 for programs 
     in the Innovation and Improvement account, instead of 
     $708,522,000 as proposed by the House and $1,038,785,000 as 
     proposed by the Senate.
       The conference agreement includes $21,750,000 for the 
     National Writing Project program instead of $20,336,000 as 
     proposed by the House and $23,000,000 as proposed by the 
     Senate.
       The conference agreement includes $121,000,000 for the 
     Teaching of Traditional American History program as proposed 
     by the Senate. The House bill proposed $50,000,000 for this 
     program. The conferees direct the Department to continue its 
     current policy of awarding 3-year grants. The conference 
     agreement also includes bill language proposed by the Senate 
     that allows not more than 3 percent of the funds available 
     for this program to be used for technical assistance. The 
     House bill did not include a similar provision.
       The conference agreement includes $14,880,000 for the 
     School Leadership program as proposed by the House instead of 
     $15,000,000 as proposed by the Senate.
       The conference agreement includes $16,864,000 for the 
     Advanced Credentialing program as proposed by the House 
     instead of $10,000,000 as proposed by the Senate. The 
     conference agreement includes bill language that provides 
     $9,920,000 of these funds to the National Board for 
     Professional Teaching Standards and $6,944,000 to the 
     American Board for the Certification of Teacher Excellence. 
     The Senate bill included language that provided $10,000,000 
     to the National Board for Professional Teaching Standards and 
     the House bill did not include a similar provision.
       The conference agreement includes $36,981,000 for the 
     Credit Enhancement for Charter Schools program as proposed by 
     the House. The Senate did not propose funding for this 
     program.
     Fund for the Improvement of Education (FIE)
       The conference agreement includes $160,111,000 for the Fund 
     for the Improvement of Education instead of $27,000,000 as 
     proposed by the House and $387,424,000 as proposed by the 
     Senate. The amount included in bill language for the Fund for 
     the Improvement of Education provides an additional 
     $100,000,000 for the Teacher Incentive Fund, which is 
     described later in this section.
       The conference agreement includes funding for the following 
     activities authorized under section 5411 of the Elementary 
     and Secondary Education Act:

National Institute of Building Sciences for the National 
  Clearinghouse for Educational Facilities.....................$694,000
Presidential and Congressional American History and Civics Aca2,000,000
Evaluation and data quality initiative........................2,000,000
Reach out and Read, peer review, teacher quality and other 
  activities..................................................9,092,000

       The conference agreement includes $2,000,000 to carry out 
     the American History and Civics Education Act of 2004, 
     instead of $10,000,000 as proposed by the Senate. The House 
     bill did not include funding for this program. The conferees 
     concur in the language contained in the Senate Report 
     regarding the use of funds for this activity. The conferees 
     intend $1,265,000 will be used for Presidential Academies for 
     Teaching of American History and Civics and the remaining 
     funds will support the establishment of Congressional 
     Academies for Students of American History and Civics.
       The conferees direct the Department to implement the Act 
     consistent with their intent, as reflected above, and request 
     an implementation plan to be submitted to the House and 
     Senate Committees on Appropriations within 30 days of 
     enactment of the Department of Education Appropriations Act, 
     2006.
       Within the total amount provided for FIE, the conference 
     agreement also includes funding for separately authorized 
     programs in the following amounts:

Reading is Fundamental......................................$25,296,000
Star Schools.................................................15,000,000
Ready to Teach...............................................11,000,000
Education through Cultural and Historical Organizations.......9,000,000
Arts in Education............................................35,633,000
Parental Information and Resource Centers....................40,000,000
Excellence in Economic Education..............................1,488,000
Women's Educational Equity....................................2,956,000
Foundations for Learning Grants.................................992,000
Mental Health Integration Grants..............................4,960,000

       For Arts in Education, the conferees intend that within 
     this total, $7,440,000 is for Very Special Arts and 
     $6,369,000 is for the John F. Kennedy Center for the 
     Performing Arts. In addition, $7,936,000 is for model 
     professional development programs for music, drama, dance and 
     visual arts educators and $496,000 is for evaluation 
     activities, as outlined by the Senate. The remaining 
     $13,392,000 is available to continue model arts programs.
       While the conferees applaud the Department's efforts to 
     help students learn foreign languages, they remain concerned 
     that the Department, using data provided by the e-Language 
     Learning System (eLLS), is developing web-based learning 
     products that could be used in direct competition with the 
     private sector. The conferees understand that, based on the 
     President's budget request, the Department had no plans to 
     continue this project in fiscal year 2006 using Star 
     School funds. However, the conference agreement includes 
     funds for the Star Schools program, which has been the 
     primary source of funds for this activity. Therefore, the 
     conferees direct the Department not to fund any grant that 
     will compete directly with the private sector and further 
     direct the Secretary to notify the House and Senate 
     Appropriations Committees 15 days prior to any Department 
     expenditures related to the eLLS project.
       The conference agreement includes $100,000,000 for a pilot 
     program to develop and implement innovative ways to provide 
     financial incentives for teachers and principals who raise 
     student achievement and close the achievement gap in some of 
     our Nation's highest-need schools, as proposed in the House 
     bill. The Senate bill did not propose funding for this 
     program.
       The conferees intend that the Secretary use not less than 
     95 percent of these funds to award competitive grants to 
     local educational agencies (LEAs), including charter schools 
     that are LEAs, States, or partnerships of (1) a local 
     educational agency, a State, or both and (2) at least one 
     non-profit organization to design and implement fair, 
     differentiated compensation systems for public school 
     teachers and principals based primarily on measures of gains 
     in student academic achievement, in addition to other 
     factors, for teachers and principals in high-need schools. 
     The conferees intend high-need schools to have the same 
     meaning as the term is defined in section 2312 of the 
     Elementary and Secondary Education Act. The conferees further 
     intend that each applicant demonstrate a significant 
     investment in, and ensure the sustainability of, its project 
     by committing to pay for an increasing share of the total 
     cost of the project, for each year of the grant, with State, 
     local, or other non-Federal funds.
       The conference agreement includes bill language, modified 
     from the House bill, which requires the Secretary to use 
     funds for performance-based compensation systems that: 
     consider gains in student academic achievement as well as 
     classroom evaluations conducted multiple times during each 
     school year and provide educators with incentives to take on 
     additional responsibilities and leadership roles. In 
     addition, the conferees urge the Secretary to give priority 
     to applications that demonstrate the majority support of 
     educators for such compensation systems.
       The conference agreement also includes bill language, not 
     included in either House or Senate bill, which allows not 
     more than $5,000,000 to be used to provide schools with 
     assistance in implementing this program. The conferees intend 
     that the Secretary use these funds for one or more grants to 
     an organization or organizations with expertise in providing 
     research-based expert advice to support schools initiating 
     and implementing differentiated compensation systems, 
     training school personnel, disseminating information on 
     effective teacher compensation systems, and providing program 
     outreach through a clearinghouse of best practices. The 
     conferees also urge the Secretary to design an appropriate, 
     long-term and rigorous evaluation, using randomized 
     controlled trials to the extent practicable, of this program 
     which will be used to inform Congress on the results achieved 
     under this program.
     Other programs
       The conference agreement includes $24,500,000 for the Ready 
     to Learn program instead of $25,000,000 as proposed by the 
     Senate. The House bill did not include funding for this 
     program. The conferees note that the original intent for the 
     Ready to Learn program consisted of two distinct but 
     coordinated elements: development of national educational 
     programming that supports emergent literacy and other school 
     readiness skills and community-based local outreach. The 
     purpose of local outreach has been to extend the educational 
     impact of the programming as well as to provide practical 
     training for parents and educators on how to promote early 
     learning and literacy and make responsible choices about 
     television viewing. Given the demonstrated track record of 
     the outreach component of the Ready to Learn program, the 
     conferees believe that broad-based outreach, which 
     capitalizes on the strength and reach of public television 
     stations and includes local adult training workshops, should 
     continue to be a central feature of this program. Therefore, 
     the conference agreement includes an increase of $1,188,000 
     over last year for additional support of the outreach project 
     funded during the fiscal year 2005 competition.
       The conference agreement includes $4,900,000 for the 
     Dropout Prevention program as proposed by the Senate. The 
     House did not propose funding for this program.
       The conference agreement includes $32,500,000 for Advanced 
     Placement programs instead of $30,000,000 as proposed by the 
     House and $40,000,000 as proposed by the Senate.
       The conference agreement does not include language proposed 
     in the House bill related to the evaluation of the D.C. 
     School Choice Incentive Act of 2003. The Senate bill did not 
     include a similar provision.

                 Safe Schools and Citizenship Education

       The conference agreement includes $736,886,000 for programs 
     in the Safe Schools

[[Page H10411]]

     and Citizenship Education account instead of $763,870,000 as 
     proposed by the House and $697,300,000 as proposed by the 
     Senate.
       The conference agreement includes $350,000,000 for Safe and 
     Drug-Free Schools State Grants instead of $400,000,000 as 
     proposed by the House and $300,000,000 as proposed by the 
     Senate.
       The conferees are concerned that the Department of 
     Education has neglected to report specific data to Congress 
     as required under Section 4122(c) of Title IV, Part A of the 
     No Child Left Behind Act. This data is required to be 
     included in the State report under Section 4116 of the Safe 
     and Drug-Free Schools and Communities program. The report 
     specifically requires all States to collect and report to the 
     Secretary, in a form specified by the Secretary, the 
     following data: incidence and prevalence, age of onset, 
     perception of health risk and perception of social 
     disapproval of drug use and violence by youth in schools and 
     communities. The conferees expect the Department to develop a 
     plan for how it will collect the specified data from the 
     States and report it to Congress in a timely manner. The plan 
     should be submitted to the House and Senate authorizing, 
     appropriations and oversight committees within 60 days of 
     enactment of this bill.
       The conference agreement includes $142,537,000 for National 
     Programs instead of $152,537,000 as proposed by the House and 
     $150,000,000 as proposed by the Senate. The conference 
     agreement includes funding for the following activities:

School Safety Initiatives...................................$27,000,000
Planning/Needs Assessment/Data for State Grants...............8,257,000
Safe Schools/Healthy Students................................80,000,000
Drug Testing Initiative.......................................9,180,000
Postsecondary Ed Drug and Violence Prevention (including $850,000 for 
  the recognition program)....................................7,500,000
Violence prevention impact evaluation.........................1,551,000
National Institute of Building Sciences for the National Clearinghouse 
  for Educational Facilities....................................300,000
Project SERV..................................................1,449,000
Other activities..............................................7,300,000

       The conferees direct the Department to implement the Act 
     consistent with their intent, as reflected in the table 
     above, and request an implementation plan to be submitted to 
     the House and Senate Committees on Appropriations within 30 
     days of enactment of the Department of Education 
     Appropriations Act, 2006.
       The conference agreement includes bill language requiring 
     the Department to spend $850,000 for the National Recognition 
     Awards program under the guidelines described in section 
     120(f) of Public Law 105-244 as proposed in the Senate bill. 
     The House bill did not include a similar provision.
       The conference agreement includes $32,736,000 for Grants to 
     Reduce Alcohol Abuse instead of $33,500,000 as proposed by 
     the Senate. The House did not propose funding for this 
     activity.
       The conference agreement includes $35,000,000 for the 
     Elementary and Secondary School Counseling program instead of 
     $34,720,000 as proposed by the House and $36,000,000 as 
     proposed by the Senate.
       The conference agreement includes $73,408,000 for the 
     Physical Education program as proposed by the House, instead 
     of $74,000,000 as proposed by the Senate.
       The conference agreement includes $29,405,000 for the Civic 
     Education program to support both the We the People programs 
     and the Cooperative Education Exchange as proposed by the 
     House instead of $30,000,000 as proposed by the Senate. The 
     conferees intend that $17,211,000 will be provided to the 
     nonprofit Center for Civic Education to support We the People 
     programs. Within the total for the We the People program, the 
     conferees intend that $3,025,000 be reserved to continue the 
     comprehensive program to improve public knowledge, 
     understanding, and support of American democratic 
     institutions, which is a cooperative project among the Center 
     for Civic Education, the Center on Congress at Indiana 
     University, and the Trust for Representative Democracy at the 
     National Conference of State Legislatures, and that 
     $1,513,000 be used for continuation of the school violence 
     prevention demonstration program, including $500,000 for the 
     Native American initiative.
       The conference agreement also includes $12,194,000 for the 
     Cooperative Education Exchange program. Within this amount, 
     the conferees intend that $4,573,000 is for the Center for 
     Civic Education and $4,573,000 is for the National Council on 
     Economic Education, while the remaining $3,048,000 should be 
     used to continue the existing grants funded under the 
     authorizing statute for civics and government education, and 
     for economic education.

                      English Language Acquisition

       The conference agreement includes $675,765,000 for the 
     English Language Acquisition account as proposed by the House 
     instead of $683,415,000 as proposed by the Senate.

                           Special Education

       The conference agreement includes $11,770,607,000 for the 
     Special Education account instead of $11,813,783,000 as 
     proposed by the House and $11,775,107,000 as proposed by the 
     Senate. The agreement provides  $6,346,407,000 in fiscal year 
     2006 and $5,424,200,000 in fiscal year 2007 funding for 
     this account.
       The conference agreement includes $10,689,746,000 for 
     Grants to States Part B as proposed by the Senate instead of 
     $10,739,746,000 as proposed by the House. The agreement also 
     includes $440,808,000 for Grants for Infants and Families as 
     proposed by the House instead of $444,308,000 as proposed by 
     the Senate.
       The conference agreement includes $49,397,000 for Technical 
     Assistance and Dissemination as proposed by the House instead 
     of $50,397,000 as proposed by the Senate.
       The agreement also includes $38,816,000 for Technology and 
     Media Services as proposed by the Senate instead of 
     $31,992,000 as proposed by the House. Within this amount, 
     $1,500,000 is available for Public Telecommunications 
     Information and Training Dissemination as proposed by the 
     Senate. The House did not include funding for this activity. 
     Also within this amount, the conference agreement includes 
     $12,000,000 for Recording for the Blind and Dyslexic, Inc. as 
     proposed by the Senate instead of $11,400,000 as proposed by 
     the House.

            Rehabilitation Services and Disability Research

       The conference agreement includes $3,129,638,000 for 
     Rehabilitation Services and Disability Research instead of 
     $3,128,638,000 as proposed by the House and $3,133,638,000 as 
     proposed by the Senate.
       The conference agreement includes $1,000,000 to continue an 
     award to the American Academy of Orthotists and Prosthetists 
     (AAOP) for activities that further the purposes of the grant 
     received by the Academy for the period beginning October 1, 
     2003 as proposed by the Senate. The House bill did not 
     include a similar provision.
       The conference agreement includes $30,760,000 for assistive 
     technology instead of $29,760,000 as proposed by the House 
     and $34,760,000 as proposed by the Senate. Within this 
     amount, the conferees intend that $21,552,000 shall be for 
     the state grant program, $4,385,000 for grants for protection 
     and advocacy, $1,063,000 for national activities and 
     $3,760,000 for alternative financing programs.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       The conference agreement includes $17,750,000 for the 
     American Printing House for the Blind instead of $17,000,000 
     as proposed by the House and $18,500,000 as proposed by the 
     Senate.


               national technical institute for the deaf

       The conference agreement includes $56,708,000 for the 
     National Technical Institute for the Deaf instead of 
     $56,137,000 as proposed by the House and $57,279,000 as 
     proposed by the Senate.


                          gallaudet university

       The conference agreement includes $108,079,000 for 
     Gallaudet University instead of $107,657,000 as proposed by 
     the House and $108,500,000 as proposed by the Senate.

                     Vocational and Adult Education

       The conference agreement includes $2,012,282,000 for 
     Vocational and Adult Education instead of $1,991,782,000 as 
     proposed by the House and $1,927,016,000 as proposed by the 
     Senate. The agreement provides $1,221,282,000 in fiscal year 
     2006 and $791,000,000 in fiscal year 2007 funding for this 
     account.
       The conference agreement includes $9,257,000 for Vocational 
     Education National programs, as proposed by the Senate. The 
     House included $11,757,000 for National programs.
       The conference agreement includes $569,672,000 for Adult 
     Education State Grants as proposed by the House, instead of 
     $572,922,000 as proposed by the Senate.
       The conference agreement includes $94,476,000 for the 
     Smaller Learning Communities program as proposed by the 
     House. The Senate bill did not include funding for this 
     program. The conferees agree that these funds shall be used 
     only for activities related to establishing smaller learning 
     communities within large high schools or small high schools 
     that provide alternatives for students enrolled in large high 
     schools. The conferees again direct that the Department 
     consult with the House and Senate Committees on 
     Appropriations prior to the release of program guidance for 
     the fiscal years 2005 and 2006 Smaller Learning Communities 
     grant competitions. The conferees urge that a greater share 
     of the 5 percent set-aside for national activities be used to 
     support direct technical assistance to grantees through 
     regional laboratories, university-based organizations, and 
     other entities with expertise in high school reform, and 
     request a report not later than January 1, 2006 on its 
     planned use of this set-aside in fiscal year 2005. 
     Further, the conferees strongly encourage the Department 
     to enter into a jointly funded program with a private or 
     public foundation with expertise in designing and 
     implementing small schools in order to further leverage 
     the Federal investment in smaller learning communities.
       The conference agreement includes $23,000,000 for State 
     Grants for Incarcerated Youth Offenders, instead of 
     $24,000,000 as proposed by the Senate. The House did not 
     include funding for this program. The conferees concur with 
     the language included in the Senate Report regarding the 
     administration of this program.

[[Page H10412]]

       The conference agreement does not include funding for 
     Community Technology Centers, as proposed by the House. The 
     Senate included $4,960,000 for this activity.

                      Student Financial Assistance

       The conference agreement includes $15,077,752,000 for 
     Student Financial Assistance instead of $15,283,752,000 as 
     proposed by the House and $15,103,795,000 as proposed by the 
     Senate.
       The agreement provides a program level of $13,177,000,000 
     for Pell Grants as proposed by the Senate instead of 
     $13,383,000,000 as proposed by the House. The agreement 
     maintains the maximum Pell Grant at $4,050 as proposed by the 
     Senate rather than $4,100 as proposed by the House. 
     Additional funds are included in section 305 of this Act to 
     completely pay down the shortfall that has been accumulating 
     in the Pell Grant program over the last several fiscal years 
     as proposed by both the House and Senate.
       The conferees believe it is essential for Congress to have 
     the most accurate and reliable information available to make 
     decisions regarding the allocation of limited discretionary 
     funding. Therefore, the conferees direct the Department of 
     Education to provide to the House and Senate Committees on 
     Appropriations, on a quarterly basis, updated estimates of 
     the cost of the Pell Grant program, based on current law and 
     the most current data related to valid applications, 
     applicant type, and other information incorporated into the 
     Department's Pell Grant forecasting model.
       The conference agreement also includes $778,720,000 for the 
     supplemental educational opportunity grant program as 
     proposed by the House instead of $804,763,000 as proposed by 
     the Senate.
       The conference agreement provides $990,257,000 for Federal 
     work-study programs as proposed by both the House and Senate. 
     Within this total, the conference agreement includes 
     $6,000,000, as proposed by the Senate, for the work colleges 
     program. The House report did not include similar language.

                       Student Aid Administration

       The conference agreement includes $120,000,000 for student 
     aid administration as proposed by the Senate instead of 
     $124,084,000 as proposed by the House.

                            Higher Education

       The conference agreement includes $1,970,760,000 for Higher 
     Education instead of $1,936,936,000 as proposed by the House 
     and $2,112,958,000 as proposed by the Senate. The conference 
     agreement does not include bill language as proposed by the 
     Senate regarding the use of funds to develop a strategic plan 
     for foreign student access to American colleges and 
     universities. The House bill did not include similar 
     language.
     Aid for institutional development
       The conference agreement includes $95,873,000 for Hispanic 
     Serving Institutions as proposed by the House instead of 
     $100,823,000 as proposed by the Senate. The conference 
     agreement also includes $11,904,000 for Alaska and Native 
     Hawaiian Institutions as proposed by the Senate instead of 
     $6,500,000 as proposed by the House.
     Fund for the improvement of postsecondary education
       The conference agreement includes $22,211,000 for the Fund 
     for the Improvement of Postsecondary Education instead of 
     $49,211,000 as proposed by the House and $157,211,000 as 
     proposed by the Senate.
     Other programs
       The conference agreement includes $836,543,000 for TRIO as 
     proposed by the House instead of $841,543,000 as proposed by 
     the Senate.
       The conference agreement includes $306,488,000 for the GEAR 
     UP program, the same level proposed by both the House and the 
     Senate. The conferees intend that funds be awarded on an 
     annual basis and that the Department consult with 
     Congressional committees of jurisdiction prior to new grant 
     competition announcements. The conference agreement provides 
     a sixth and final year award to grantees first funded in 
     2001, while continuing all other funded projects. The 
     conferees also intend that these funds are available to 
     eligible 2000 grantees that opt to apply for new grant awards 
     servicing a cohort no later than seventh grade, and are 
     allowed to continue assisting students who have not yet 
     completed the program through high school graduation.
       The conference agreement includes sufficient funds for a 
     GEAR UP competition in fiscal year 2006 for new partnership 
     awards. The twin goals of GEAR UP are to ensure that low-
     income students are academically prepared for college and 
     that they receive scholarships to enable them to actually 
     attend college. Accordingly, the conferees encourage the 
     Department to give consideration in the 2006 GEAR UP 
     competition to partnerships that, in addition to providing 
     early intervention services, guarantee college scholarships 
     to GEAR UP students.
       The conference agreement includes $41,000,000 for Byrd 
     Honors Scholarships and $6,944,000 for demonstrations in 
     disabilities as proposed by the Senate. The House did not 
     propose funding for these activities.
       The conference agreement includes $60,500,000 for the 
     Teacher Quality Enhancement Grants program. The House and 
     Senate proposed $58,000,000 for this program.
       The conference agreement includes $2,000,000 for the 
     Underground Railroad program instead of $2,204,000 as 
     proposed by the Senate and $2,976,000 for Thurgood Marshall 
     Scholarships instead of $3,500,000 as proposed by the Senate. 
     The House did not propose funding these activities.
       The conference agreement also includes $980,000 for Olympic 
     Scholarships as proposed by the House. The Senate bill did 
     not provide funding for this program.

                           Howard University

       The conference agreement includes $239,790,000 for Howard 
     University instead of $240,790,000 as proposed by the House 
     and $238,789,000 as proposed by the Senate.

                    Institute of Education Sciences

       The conference agreement includes $522,695,000 for the 
     Institute of Education Sciences (IES) instead of $522,696,000 
     as proposed by the House and $529,695,000 as proposed by the 
     Senate.
       The conferees concur with the language included in the 
     House report that a key purpose of public education is being 
     neglected: the civic mission of schools to educate our young 
     people for democracy and to prepare them to be engaged 
     citizens. The National Assessments of Educational Progress in 
     civics and history are the best way we have to measure how 
     well schools are doing in fulfilling this purpose. Therefore, 
     the conferees request that the National Assessment Governing 
     Board, in consultation with the Commissioner, National Center 
     for Education Statistics, prepare a report on the feasibility 
     of the National Assessment of Educational Progress conducting 
     State level assessments in the subjects of U.S. history and 
     civics at grades 8 and 12 and, if feasible, the earliest 
     schedule under which such assessments could be administered. 
     The Governing Board shall, within 180 days of enactment of 
     this Act, submit the feasibility report to the House and 
     Senate Appropriations Committees, the House Education and the 
     Workforce Committee, the Senate Health, Education, Labor and 
     Pensions Committee, and the Secretary of Education. The 
     Senate report did not include similar language.
       The conferees are very concerned with the funding levels 
     directed to the Research and Development Centers. The current 
     levels, which are $10,000,000 less than the amount outlined 
     in the fiscal year 2005 and fiscal year 2006 budget 
     justifications, are inadequate to create long-term 
     comprehensive interdisciplinary programs. The conferees have 
     therefore included bill language requiring IES to provide 
     $25,257,000 for Research and Development Centers. The 
     conferees direct that these funds be used to support not less 
     than eight Research and Development Centers, as authorized by 
     law.
       The conferees expect, as stated in the fiscal year 2005 
     statement of the managers and the fiscal year 2006 budget 
     justification, that funds in excess of those amounts needed 
     to maintain or establish new centers, be used for 
     supplemental awards to Research and Development Centers. The 
     conferees further expect that funds be used to make 
     adjustments to studies or services as needs arise. The 
     conferees believe that current funding levels provide for 
     inflexible, narrowly focused research rather than work that 
     is of sufficient size and scope to be effective. The 
     conferees also believe it is essential that centers not be 
     restricted to particular research methodologies but instead 
     use rigorous methods to address areas of high priority. The 
     conferees request the IES to submit a report within 45 days 
     of enactment of this Act on the steps it will take to comply 
     with Congressional intent.
       The conferees urge the Department's National Center for 
     Education Statistics to use the Fast Response Survey System 
     to collect data for the report of Arts Education in Public 
     Elementary and Secondary Schools during the 2006-2007 school 
     year. The conferees expect this survey and reporting to have 
     the comprehensive quality of the 2002 report and include 
     national samples of elementary and secondary school 
     principals, as well as surveys of elementary and secondary 
     classroom teachers and arts specialists.

                        Departmental Management

       The conference agreement includes $415,303,000 for 
     Departmental program administration instead of $410,612,000 
     as proposed by the House and $411,992,000 as proposed by the 
     Senate. The agreement also includes $49,000,000 for the 
     Office of the Inspector General as proposed by the House 
     instead of $49,408,000 as proposed by the Senate.
       The conferees concur with the views expressed in the House 
     report with regard to the Communities Can program and its 
     role in enhancing integrated and coordinated services for 
     children with disabilities and their families. The 
     conferees request that the plan of action for carrying 
     forward this activity be provided to both the House and 
     Senate Appropriations Committees. The Senate did not 
     include similar language.
       The conference agreement concurs with language contained in 
     the Senate report regarding the proposed reorganization of 
     the regional office structure within the Rehabilitation 
     Services Administration. Therefore, the conferees request a 
     report that describes the steps taken to reach out to 
     stakeholder groups on this issue; a detailed plan for 
     ensuring that policy guidance, technical assistance and 
     program monitoring will be of higher quality and more timely 
     than currently available; and the specific performance goals 
     under the proposed reorganization for frequency of monitoring 
     visits, and timeliness and relevancy of technical assistance, 
     compared to the actual performance under the current 
     administrative structure. The conferees expect to receive 
     this report not later

[[Page H10413]]

     than 60 days after enactment of this Act, but encourage the 
     Department to make it available as soon as possible. The 
     House report expressed similar concerns, but used different 
     language.
       The conferees are concerned that the Department, in 
     implementing Reading First and other programs authorized by 
     the No Child Left Behind Act, which are required to implement 
     activities that are backed by scientifically based research, 
     may not be effectively helping States and local educational 
     agencies implement program studies. The conferees therefore 
     request the Secretary to submit a report to the House and 
     Senate Committees on Appropriations within 30 days of the 
     enactment of this Act, on the actions that program offices 
     have taken or will take, effective this fiscal year, in the 
     selection, oversight, and evaluation of grantees, to ensure 
     that grantees effectively implement such research-based 
     programs, including close replication of the specific 
     elements of these programs.

                     TITLE III--GENERAL PROVISIONS

                          Pell Grant Shortfall

       The conference agreement includes a general provision as 
     proposed by the Senate providing $4,300,000,000 for the 
     purpose of eliminating the estimated accumulated shortfall of 
     budget authority for the Pell Grant program. The House bill 
     contained the same provision, but used slightly different 
     language.

                  Mississippi Band of Choctaw Indians

       The conference agreement includes a general provision as 
     proposed by the Senate to authorize educational and cultural 
     programs relating to the Mississippi Band of Choctaw Indians. 
     The House bill contained no similar provision.

                               Impact Aid

       The conference agreement does not include a general 
     provision proposed by the Senate relating to applications 
     filed by two school districts in Colorado and Arizona. The 
     House bill contained no similar provision.

                          Violence Prevention

       The conference agreement does not include a provision 
     proposed by the Senate relating to a study to evaluate the 
     effectiveness of violence prevention programs. The House did 
     not include a similar provision.

         Assessment of Education Progress Tests in U.S. History

       The conference agreement does not include a general 
     provision as proposed by the Senate providing additional 
     funding for a national assessment of education progress tests 
     in United States history. The House bill contained no similar 
     provision.

                      Dropout Prevention Programs

       The conference agreement does not include a general 
     provision as proposed by the Senate providing additional 
     funding for school dropout prevention programs. Funding for 
     this program is included under the heading, ``Innovation and 
     Improvement.'' The House bill contained no similar provision.

                      Advanced Placement Programs

       The conference agreement does not include a general 
     provision as proposed by the Senate providing additional 
     funding for advanced placement programs. Funding for this 
     program is included under the heading, ``Innovation and 
     Improvement.'' The House bill contained no similar provision.

       Thurgood Marshall and Office of Special Education Programs

       The conference agreement does not include a general 
     provision as proposed by the Senate providing additional 
     funding for the Thurgood Marshall Legal Education Opportunity 
     Program and the Office of Special Education Programs. Funding 
     for these activities is included under the headings, ``Higher 
     Education'' and ``Special Education'' respectively. The House 
     bill contained no similar provision.

                         Federal Trio Programs

       The conference agreement does not include a general 
     provision as proposed by the Senate providing additional 
     funding for Federal TRIO programs. Funding for this program 
     is included under the heading, ``Higher Education.'' The 
     House bill contained no similar provision.

              Education Programs Serving Hispanic Students

       The conference agreement does not include a general 
     provision as proposed by the Senate providing additional 
     funding for education programs to improve Hispanic 
     educational opportunities. Funding for these programs is 
     included elsewhere in Title III. The House bill contained no 
     similar provision.

                       TITLE IV--RELATED AGENCIES

             Corporation for National and Community Service

       The conference agreement includes $909,049,000 for the 
     Corporation for National and Community Service, the same as 
     the House, instead of $935,205,000 as proposed by the Senate.

        Domestic Volunteer Service Programs, Operating Expenses

       The conference agreement includes $316,212,000 for the 
     Domestic Volunteer Service programs as proposed by the Senate 
     instead of $357,962,000 as proposed by the House.
     National Senior Volunteer Corps
       The conference agreement includes $219,784,000 for fiscal 
     year 2006 for the National Senior Volunteer Corps programs, 
     as proposed by the House and the Senate. The conferees concur 
     with language in the Senate report that directs that the 
     Corporation shall comply with the directive that use of PNS 
     funding increases in the Foster Grandparents Program, Retired 
     Senior Volunteer Program, Senior Companion Program, and 
     Volunteers in Service to America shall not be restricted to 
     any particular activity and further direct that the 
     Corporation shall not stipulate a minimum or maximum for PNS 
     grant augmentation.
     Program administration
       The conference agreement includes funds for the 
     administration of the Domestic Volunteer Service of America 
     program administration in the NCSA account as proposed by the 
     Senate.

      National and Community Service Programs, Operating Expenses


                     (including transfer of funds)

       The conference agreement includes $520,087,000 for the 
     programs authorized under the National Community Service Act 
     of 1990, instead of $518,087,000 as proposed by the House and 
     $546,243,000 as proposed by the Senate. The conference 
     agreement includes $267,500,000 for AmeriCorps State and 
     National operating grants, as proposed by the House instead 
     of $280,000,000 as proposed by the Senate. The conference 
     agreement includes $140,000,000 for the National Service 
     Trust instead of $146,000,000 as proposed by the House and 
     $149,000,000 as proposed by the Senate. The conference 
     agreement includes $16,445,000 for subtitle H fund activities 
     instead of $9,945,000 as proposed by the House and 
     $15,945,000 as proposed by the Senate. The conference 
     agreement includes $27,000,000 for AmeriCorps National 
     Civilian Community Corps as proposed by the Senate instead of 
     $25,500,000 as proposed by the House. The conference 
     agreement includes $37,500,000 for Learn and Serve as 
     proposed by the House instead of $42,656,000 as proposed by 
     the Senate.
     AmeriCorps Grants Program
       The conferees concur with language proposed by the Senate 
     to keep the Committees better informed of the recipients 
     receiving AmeriCorps funding. The conferees direct the 
     Corporation to publish in its fiscal year 2007 budget 
     justifications a list of recipients that have received more 
     than $500,000 from the Corporation, delineated by program, 
     and the amount and source of both Federal and non-Federal 
     funds that were received by each recipient.
     Innovation, assistance and other activities
       Within the $16,445,000 for innovation, demonstration, and 
     assistance activities, the conference agreement includes 
     $4,000,000 for Teach for America and $2,000,000 for 
     Communities in Schools, Inc., as proposed by the Senate.
     AmeriCorps National Civilian Community Corps
       The conference agreement includes $27,000,000 for the NCCC 
     and within this amount, $1,500,000, as proposed by the 
     Senate, is to conduct an evaluation of current NCCC site 
     placement and expansion of new sites in the Southern and 
     Midwestern United States, in accordance with the report 
     issued on March 1, 2005.

                         Salaries and Expenses

       The conference agreement includes $66,750,000 for the 
     Corporation's salaries and expenses, as proposed by the 
     Senate. This includes $39,750,000 for administration of the 
     DVSA programs. The House bill had provided salaries and 
     expenses in two separate accounts, but for the same total 
     amount. The conferees reiterate that Subtitle H funds for 
     Innovation, Assistance and Other Activities shall not be used 
     to pay Corporation staff.

                      Office of Inspector General

       The conference agreement includes $6,000,000 for the Office 
     of Inspector General (OIG) as proposed by the House and 
     Senate. The conferees concur with language proposed by the 
     Senate directing the OIG to continue reviewing the 
     Corporation's management of the National Service Trust fund. 
     The conferees direct the OIG to review the monthly Trust 
     reports and to notify the Committees on Appropriations on the 
     accuracy of the reports.

                  Corporation for Public Broadcasting

       The conference agreement includes $30,000,000 for digital 
     conversion, instead of $35,000,000 as proposed by the Senate. 
     The House had proposed providing authority for CPB to utilize 
     previously appropriated funds for this purpose.
       The conference agreement also includes $35,000,000 for the 
     replacement project of the satellite interconnection system, 
     instead of $40,000,000 as proposed by the Senate. The House 
     had proposed providing authority for CPB to utilize 
     previously appropriated funds for this purpose.
       The conferees request that the Corporation for Public 
     Broadcasting (CPB) Inspector General submit a status report 
     to the House and Senate Committees on Appropriations not 
     later than June 1, 2006 on actions CPB management and its 
     Board of Directors have taken in response to the Inspector 
     General's November 15, 2005 report and any outstanding issues 
     or recommendations in the report that may remain unaddressed.

               Federal Mediation and Conciliation Service

       The conference agreement includes $43,031,000 for the 
     Federal Mediation and

[[Page H10414]]

     Conciliation Service (FMCS) instead of $42,331,000 as 
     proposed by the House and $43,439,000 as proposed by the 
     Senate.
       The conference agreement includes $400,000 for FMCS Labor-
     Management Grants Program instead of $500,000 as proposed by 
     the Senate. The House bill did not include funding for this 
     program. The 1978 Labor-Management Cooperation Act authorized 
     the Agency to encourage and support joint labor-management 
     committees. This program awards grants to encourage these 
     committees to develop innovative joint approaches to 
     workplace problems and solutions.
       The conference agreement includes $300,000 for the FMCS 
     program to prevent youth violence.

                Institute of Museum and Library Services

       The conference agreement provides $249,640,000 for the 
     Institute of Museum and Library Services as proposed by the 
     House instead of $290,129,000 as proposed by the Senate.
       Within the total for the Institute, the conference 
     agreement includes funding for the following activities in 
     the following amounts.

                         (Dollars in thousands)

        Program                                                 FY 2006
Museums for America.............................................$17,325
Museum Assessment...................................................446
Museum Conservation Projects......................................2,800
Museum Conservation Assessment......................................815
Museum Natl. Leadership Proj......................................8,000
Native American Museum Services.....................................920
21st Century Museum Professionals...................................992
Museum Grants, African American History and Culture.................850
Library Serv. State Grants......................................165,400
Native American Library Services..................................3,675
Library Natl. Leadership Grants..................................12,500
Laura Bush 21st Century Librarian Program........................24,000
Administration...................................................11,917

       The conferees concur with language proposed by the House to 
     rename the Librarians for the 21st Century Program in honor 
     of the First Lady, the Laura Bush 21st Century Librarians 
     Program.

                     National Council on Disability

       The conference agreement includes $3,144,000 for the 
     National Council on Disability instead of $2,800,000 as 
     proposed by the House and $3,344,000 as proposed by the 
     Senate.

                     National Labor Relations Board

       The conferees concur with language in the Senate report 
     regarding the NLRB's plan to restructure its regional offices 
     and specifically oppose the elimination of Region 30.

                       Railroad Retirement Board


                      Limitation on Administration

       The conferees are concerned about a proposal to consolidate 
     the financial statements and audit of the National Railroad 
     Retirement Investment Trust with the financial statements and 
     audit of the Railroad Retirement Board in the context of the 
     preparation of the Railroad Retirement Board's fiscal year 
     2006 Statement of Social Insurance. The conferees note that 
     the Railroad Retirement and Survivors' Improvement Act of 
     2001 mandates that the Trust functions independently from the 
     Railroad Retirement Board. Further, the Act specifically 
     requires a separate audit of the Trust by a nongovernmental 
     auditor, and requires that the results of this audit be 
     included in the Trust's Annual Management Report to Congress. 
     The conferees expect that the Trust be administered and 
     audited solely in conformance with the Act of 2001.

             Limitation on the Office of Inspector General

       The conference agreement does not include language proposed 
     by the Senate that allows the Office of the Inspector General 
     to conduct audits, investigations, and reviews of the 
     Medicare programs.

                     Social Security Administration

                  Supplemental Security Income Program

       The conference agreement includes $29,369,174,000 for the 
     Supplemental Security Income Program instead of 
     $29,533,174,000 as proposed by the House and $29,510,574,000 
     as proposed by the Senate. The conference agreement also 
     includes an advance appropriation of $11,110,000,000, as 
     proposed by both the House and the Senate, for the first 
     quarter of fiscal year 2007, to ensure uninterrupted benefit 
     payments. Also within the total, $2,733,000,000 is included 
     for the administrative costs of the program rather than 
     $2,897,000,000 as proposed by the House and $2,874,400,000 as 
     proposed by the Senate.
       The conference agreement does not include a provision 
     proposed by the Senate that changes the delivery date of 
     benefit payments from fiscal year 2006 to 2007. The House did 
     not include this provision.

                 Limitation on Administrative Expenses

       The conference agreement includes $9,199,400,000 for the 
     limitation on administrative expenses rather than 
     $9,279,700,000 as proposed by the House and $9,329,400,000 as 
     proposed by the Senate.

                      Office of Inspector General


                     (including transfer of funds)

       The conference agreement includes $92,400,000 for the 
     Office of Inspector General rather than $92,805,000 as 
     proposed by the House and $93,000,000 as proposed by the 
     Senate.

                      TITLE V--GENERAL PROVISIONS

         Use of Appropriated Funds for Publicity and Propaganda

       The conference agreement includes a general provision as 
     proposed by the Senate pertaining to the use of appropriated 
     funds for publicity or propaganda purposes. The House bill 
     included a similar provision, but expanded the scope to 
     include private contractors.

                         Sterile Needle Program

       The conference agreement includes a general provision as 
     proposed by the Senate pertaining to sterile needle programs. 
     The Senate bill made a minor technical change to the language 
     carried in prior years. The House bill included the same 
     provision, but without the technical modification.

                   Use of Federal Funds for Abortions

       The conference agreement includes a general provision as 
     proposed by the Senate pertaining to the use of federal funds 
     in the Act for abortions. The Senate bill made a minor 
     technical change to the language carried in prior years. The 
     House bill included the same provision, but without the 
     technical modification.

                           Conscience Clause

       The conference agreement includes a general provision as 
     proposed by the House regarding discrimination against those 
     health care providers or institutions who are opposed to 
     abortion. The Senate bill proposed to modify this provision.

                          Embryo Research Ban

       The conference report includes a technical correction to 
     the longstanding bill language prohibiting funds to be used 
     for research involving the creation or destruction of human 
     embryos. The citation of the Code of Federal Regulations 
     contained in both the House and Senate versions of the bill 
     is corrected.

                      Veterans' Employment Report

       The conference agreement includes a general provision as 
     proposed by the Senate pertaining to the availability of 
     funds to enter into or renew any contract with an entity that 
     is subject to submitting a report concerning the employment 
     of certain veterans. The House bill did not include this 
     provision.

                        Limitation on Libraries

       The conference agreement includes a limitation, carried in 
     prior years, on the ability of a library to access funding 
     provided under this Act unless the library is in compliance 
     with the Children's Internet Protections Act, as proposed by 
     the House. The Senate bill did not include this provision.

                         Limitation on Schools

       The conference agreement includes a limitation, carried in 
     prior years, on the ability of an elementary or secondary 
     school to access technology funding provided under this Act 
     unless the school is in compliance with the Children's 
     Internet Protections Act, as proposed by the House. The 
     Senate bill did not include this provision.

                         Reprogramming of Funds

       The conference agreement includes a general provision as 
     proposed by the House pertaining to the reprogramming of 
     funds. The Senate bill included the same substantive 
     provision, but with minor technical differences.

               Immigration and Nationality Act Amendment

       The conference agreement includes a general provision 
     amending the Immigration and Nationality Act as proposed by 
     the Senate. The House bill did not include this provision.

               Scientific Advisory Committee Appointments

       The conference agreement includes a general provision as 
     proposed by the Senate pertaining to appointments to a 
     scientific advisory committee, instead of a similar provision 
     included in the House bill.

           Erectile Dysfunction (E.D.) Drugs Funds Limitation

       The conference agreement includes a general provision as 
     proposed by the Senate prohibiting the use of funds for drugs 
     approved to treat E.D. The House bill included a similar 
     provision, but with slightly different language.

                       Availability of MMA Funds

       The conference agreement does not include a general 
     provision as proposed by the House extending the availability 
     of funds provided by the Medicare Modernization Act from 
     fiscal year 2005 to fiscal year 2006. The Senate bill did not 
     include this provision.

    Limitation of Funds for Sexual or Erectile Dysfunction Treatment

       The conference agreement does not include a general 
     provision as proposed by the House pertaining to the payment 
     for or the reimbursement of a drug for the treatment of 
     sexual or erectile dysfunction funded in this Act for 
     individuals who have been convicted for sexual abuse, sexual 
     assault or any other sexual offense. The Senate bill did not 
     include this provision.

                         CPB Funding Amendment

       The conference agreement does not include a general 
     provision as proposed by the House reducing the amounts 
     available to certain specified programs and activities in 
     order to restore funding for the Corporation for Public 
     Broadcasting. Funding for the programs included in this 
     provision are specified under

[[Page H10415]]

     the relevant headings. The Senate bill did not include this 
     provision.

                      Education OIG Determination

       The conference agreement does not include a general 
     provision as proposed by the House pertaining to a specific 
     Department of Education Office of the Inspector General 
     determination. The Senate bill did not include this 
     provision.

                            PBGC Limitation

       The conference agreement does not include a general 
     provision proposed by the House pertaining to the Pension 
     Benefit Guaranty Corporation and a specific settlement 
     agreement. The Senate bill did not include this provision.

                         Immigration Limitation

       The conference agreement does not include a general 
     provision as proposed by the House prohibiting the use of 
     funds by the Department of Education in contravention of 
     section 505 of the Illegal Immigration Reform and 
     Responsibility Act of 1996. The Senate bill did not include 
     this provision.

                              NIMH Grants

       The conference agreement does not include a general 
     provision as proposed by the House regarding NIMH grants. The 
     Senate bill did not include this provision.

                          Mexican Totalization

       The conference agreement does not include a general 
     provision proposed by the House pertaining to a totalization 
     agreement with Mexico. The Senate bill did not include this 
     provision.

                      Higher Education Limitation

       The conference agreement does not include a general 
     provision proposed by the House regarding student loans. The 
     Senate bill did not include this provision.

                  Limitation, Directive, or Earmarking

       The conference agreement does not include a general 
     provision proposed by the Senate regarding directives 
     contained in either the House or Senate reports accompanying 
     H.R. 3010. The House bill did not include this provision.

                      Diversity Visa Fairness Act

       The conference agreement does not include a general 
     provision as proposed by the Senate that contains the 
     Diversity Visa Fairness Act. The House bill did not include 
     this provision.

                       Port of Entry Designation

       The conference agreement does not include a general 
     provision as proposed by the Senate designating the 
     MidAmerica St. Louis Airport in Mascoutah, Illinois a port of 
     entry. The House bill did not include this provision.

                        Risk Assessment Estimate

       The conference agreement does not include a general 
     provision as proposed by the Senate pertaining to improper 
     payments for a variety of programs administered by the 
     Departments of Health and Human Services and Education. The 
     House did not include this provision. Language regarding this 
     issue is included in the statement of the managers for the 
     Department of Health and Human Services.

                  Internal Revenue Service Outsourcing

       The conference agreement deletes without prejudice a 
     general provision as proposed by the Senate expressing the 
     sense of the Senate on the outsourcing of IRS duties and the 
     effects on the employment of disabled veterans and other 
     persons with severe disabilities. The House did not include 
     this provision.


                          Conference Agreement

       The following table displays the amounts agreed to for each 
     program, project or activity with appropriate comparisons:

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[[Page H10476]]

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2006 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2005 amount, the 2006 
     budget estimates, and the House and Senate bills for 2006 
     follow:

                       (In thousands of dollars)

New budget (obligational) authority, fiscal year 2005......$501,344,992
Budget estimates of new (obligational) authority, fiscal yea596,122,425
House bill, fiscal year 2006................................601,642,273
Senate bill, fiscal year 2006...............................612,406,934
Conference agreement, fiscal year 2006......................601,673,301
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2005....+100,328,309
  Budget estimates of new (obligational) authority, fiscal ye+5,550,876
  House bill, fiscal year 2006..................................+31,028
  Senate bill, fiscal year 2006.............................-10,733,633

     Ralph Regula,
     Ernest Istook, Jr.,
     Roger F. Wicker,
     Anne M. Northup,
     Randy ``Duke'' Cunningham,
     Kay Granger,
     John E. Peterson,
     Don Sherwood,
     Dave Weldon,
     Jim Walsh,
     Jerry Lewis,
                                Managers on the Part of the House.

     Arlen Specter,
     Thad Cochran,
     Judd Gregg,
     Kay Bailey Hutchison,
     Larry E. Craig,
     Ted Stevens,
     Mike DeWine,
     Richard Shelby,
     Pete V. Domenici,
     Managers on the Part of the Senate.

                          ____________________