[Congressional Record (Bound Edition), Volume 151 (2005), Part 17]
[Senate]
[Pages 23441-23472]
[From the U.S. Government Publishing Office, www.gpo.gov]




  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2006

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to the immediate consideration of H.R. 3010, which 
the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 3010) making appropriations for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 2006, and for other purposes.

  Thereupon, the Senate proceeded to consider the bill, which had been 
reported from the Committee on Appropriations with an amendment.
  (Strike the part shown in black brackets and insert the part shown in 
italic.)

                               H.R. 3010

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     [That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Departments of Labor, Health and Human Services, and 
     Education, and related agencies for the fiscal year ending 
     September 30, 2006, and for other purposes, namely:

                     [TITLE I--DEPARTMENT OF LABOR

                [Employment and Training Administration

                   [Training and Employment Services


                        [(including rescissions)

       [For necessary expenses of the Workforce Investment Act of 
     1998, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by such Act; 
     $2,658,792,000 (increased by $58,000,000) plus 
     reimbursements, of which $1,708,792,000 is available for 
     obligation for the period July 1, 2006, through June 30, 
     2007; except that amounts determined by the Secretary of 
     Labor to be necessary pursuant to sections 173(a)(4)(A) and 
     174(c) of such Act shall be available from October 1, 2005, 
     until expended; and of which $950,000,000 is available for 
     obligation for the period April 1, 2006, through June 30, 
     2007, to carry out chapter 4 of such Act: Provided, That 
     notwithstanding any other provision of law, of the funds 
     provided herein under section 137(c) of such Act of 1998, 
     $212,000,000 shall be for activities described in section 
     132(a)(2)(A) of such Act and $1,193,264,000 shall be for 
     activities described in section 132(a)(2)(B) of such Act: 
     Provided further, That $125,000,000 shall be available for 
     Community-Based Job Training Grants: Provided further, That 
     $7,936,000 shall be for carrying out section 172 of such Act: 
     Provided further, That, notwithstanding any other provision 
     of law or related regulation, $75,759,000 shall be for 
     carrying out section 167 of such Act, including $71,213,000 
     for formula grants, $4,546,000 for migrant and seasonal 
     housing (of which not less than 70 percent shall be for 
     permanent housing), and $500,000 for other discretionary 
     purposes: Provided further, That notwithstanding the transfer 
     limitation under section 133(b)(4) of such Act, up to 30 
     percent of such funds may be transferred by a local board if 
     approved by the Governor: Provided further, That funds 
     provided to carry out section 171(d) of such Act may be used 
     for demonstration projects that provide assistance to new 
     entrants in the workforce and incumbent workers: Provided 
     further, That no funds from any other appropriation shall be 
     used

[[Page 23442]]

     to provide meal services at or for Job Corps centers.
       [For necessary expenses of the Workforce Investment Act of 
     1998, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the Act; 
     $2,463,000,000 plus reimbursements, of which $2,363,000,000 
     is available for obligation for the period October 1, 2006, 
     through June 30, 2007, and of which $100,000,000 is available 
     for the period October 1, 2006, through June 30, 2009, for 
     necessary expenses of construction, rehabilitation, and 
     acquisition of Job Corps centers.
       [Of the funds provided under this heading in division G of 
     Public Law 108-7 to carry out section 173(a)(4)(A) of the 
     Workforce Investment Act of 1998, $20,000,000 is rescinded.
       [Of the funds provided under this heading in division B of 
     Public Law 107-117, $5,000,000 is rescinded.
       [Of the funds provided under this heading in division F of 
     Public Law 108-447 for Community-Based Job Training Grants, 
     $125,000,000 is rescinded.
       [The Secretary of Labor shall take no action to amend, 
     through regulatory or administration action, the definition 
     established in 20 CFR 667.220 for functions and activities 
     under title I of the Workforce Investment Act of 1998 until 
     such time as legislation reauthorizing the Act is enacted.


           [Community Service Employment for Older Americans

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

             [Federal Unemployment Benefits and Allowances

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

    [State Unemployment Insurance and Employment Service Operations

       [For authorized administrative expenses, $130,985,000, 
     together with not to exceed $3,299,381,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980 and including 
     $10,000,000 which may be used to conduct in-person 
     reemployment and eligibility assessments of unemployment 
     insurance beneficiaries in one-stop career centers), which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund including the cost of 
     administering section 51 of the Internal Revenue Code of 
     1986, as amended, section 7(d) of the Wagner-Peyser Act, as 
     amended, the Trade Act of 1974, as amended, the Immigration 
     Act of 1990, and the Immigration and Nationality Act, as 
     amended, and of which the sums available in the allocation 
     for activities authorized by title III of the Social Security 
     Act, as amended (42 U.S.C. 502-504), and the sums available 
     in the allocation for necessary administrative expenses for 
     carrying out 5 U.S.C. 8501-8523, shall be available for 
     obligation by the States through December 31, 2006, except 
     that funds used for automation acquisitions shall be 
     available for obligation by the States through September 30, 
     2008; of which $130,985,000, together with not to exceed 
     $672,700,000 of the amount which may be expended from said 
     trust fund, shall be available for obligation for the period 
     July 1, 2006, through June 30, 2007, to fund activities under 
     the Act of June 6, 1933, as amended, including the cost of 
     penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
     available to States in lieu of allotments for such purpose: 
     Provided, That to the extent that the Average Weekly Insured 
     Unemployment (AWIU) for fiscal year 2006 is projected by the 
     Department of Labor to exceed 2,984,000, an additional 
     $28,600,000 shall be available for obligation for every 
     100,000 increase in the AWIU level (including a pro rata 
     amount for any increment less than 100,000) from the 
     Employment Security Administration Account of the 
     Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants or agreements with non-State 
     entities: Provided further, That funds appropriated under 
     this Act for activities authorized under the Wagner-Peyser 
     Act, as amended, and title III of the Social Security Act, 
     may be used by the States to fund integrated Employment 
     Service and Unemployment Insurance automation efforts, 
     notwithstanding cost allocation principles prescribed under 
     Office of Management and Budget Circular A-87.
       [In addition to amounts made available above, and subject 
     to the same terms and conditions, $10,000,000 to conduct in-
     person reemployment and eligibility assessments of 
     unemployment insurance beneficiaries in one-stop career 
     centers, and $30,000,000 to prevent and detect fraudulent 
     unemployment benefits claims filed using personal information 
     stolen from unsuspecting workers: Provided, That not later 
     than 180 days following the end of fiscal year 2006, the 
     Secretary shall provide a report to the Congress which 
     includes:
       [(1) the amount spent for in-person reemployment and 
     eligibility assessments of UI beneficiaries in One-Stop 
     Career Centers, as well as funds made available and expended 
     to prevent and detect fraudulent claims for unemployment 
     benefits filed using workers' stolen personal information;
       [(2) the number of scheduled in-person reemployment and 
     eligibility assessments, the number of individuals who failed 
     to appear for scheduled assessments, actions taken as a 
     result of individuals not appearing for an assessment (e.g., 
     benefits terminated), results of assessments (e.g., referred 
     to reemployment services, found in compliance with program 
     requirements), estimated savings resulting from cessation of 
     benefits, and estimated savings as a result of accelerated 
     reemployment; and
       [(3) the estimated number of UI benefit claims filed using 
     stolen identification that are discovered at the time of 
     initial filing, with an estimate of the resulting savings; 
     and the estimated number of ID theft-related continued claims 
     stopped, with an estimate of the amount paid on such 
     fraudulent claims and an estimate of the resulting savings 
     from their termination.

        [Advances to the Unemployment Trust Fund and Other Funds

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

                        [Program Administration

       [For expenses of administering employment and training 
     programs, $118,123,000, together with not to exceed 
     $87,988,000, which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund: Provided, That not to exceed $3,000,000 shall be 
     available for contracts that are not competitively bid.

                     [Workers Compensation Programs


                             [(rescission)

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

               [Employee Benefits Security Administration


                         [Salaries and Expenses

       [For necessary expenses for the Employee Benefits Security 
     Administration, $137,000,000.

                 [Pension Benefit Guaranty Corporation

               [Pension Benefit Guaranty Corporation Fund

       [The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section 104 of Public Law 96-364, within limits 
     of funds and borrowing authority available to such 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program, including 
     associated administrative expenses, through September 30, 
     2006, for such Corporation: Provided, That none of the funds 
     available to the Corporation for fiscal year 2006 shall be 
     available for obligations for administrative expenses in 
     excess of $296,977,728: Provided further, That obligations in 
     excess of such amount may be incurred after approval by the 
     Office of Management and Budget and the Committees on 
     Appropriations of the House and Senate.

                  [Employment Standards Administration


                         [Salaries and Expenses

       [For necessary expenses for the Employment Standards 
     Administration, including reimbursement to State, Federal, 
     and local agencies and their employees for inspection 
     services rendered, $414,284,000, together with $2,048,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d) and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act: Provided, That the 
     Secretary of Labor is authorized to establish and, in 
     accordance with 31

[[Page 23443]]

     U.S.C. 3302, collect and deposit in the Treasury fees for 
     processing applications and issuing certificates under 
     sections 11(d) and 14 of the Fair Labor Standards Act of 
     1938, as amended (29 U.S.C. 211(d) and 214) and for 
     processing applications and issuing registrations under title 
     I of the Migrant and Seasonal Agricultural Worker Protection 
     Act (29 U.S.C. 1801 et seq.).

                           [Special Benefits


                     [(including transfer of funds)

       [For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the heading ``Civilian War Benefits'' in the 
     Federal Security Agency Appropriation Act, 1947; the 
     Employees' Compensation Commission Appropriation Act, 1944; 
     sections 4(c) and 5(f) of the War Claims Act of 1948 (50 
     U.S.C. App. 2012); and 50 percent of the additional 
     compensation and benefits required by section 10(h) of the 
     Longshore and Harbor Workers' Compensation Act, as amended, 
     $237,000,000, together with such amounts as may be necessary 
     to be charged to the subsequent year appropriation for the 
     payment of compensation and other benefits for any period 
     subsequent to August 15 of the current year: Provided, That 
     amounts appropriated may be used under section 8104 of title 
     5, United States Code, by the Secretary of Labor to reimburse 
     an employer, who is not the employer at the time of injury, 
     for portions of the salary of a reemployed, disabled 
     beneficiary: Provided further, That balances of 
     reimbursements unobligated on September 30, 2005, shall 
     remain available until expended for the payment of 
     compensation, benefits, and expenses: Provided further, That 
     in addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under section 8147(c) of title 5, 
     United States Code, to pay an amount for its fair share of 
     the cost of administration, such sums as the Secretary 
     determines to be the cost of administration for employees of 
     such fair share entities through September 30, 2006: Provided 
     further, That of those funds transferred to this account from 
     the fair share entities to pay the cost of administration of 
     the Federal Employees' Compensation Act, $45,001,000 shall be 
     made available to the Secretary as follows:
       [(1) for enhancement and maintenance of automated data 
     processing systems and telecommunications systems, 
     $13,305,000;
       [(2) for automated workload processing operations, 
     including document imaging, centralized mail intake and 
     medical bill processing, $18,454,000;
       [(3) for periodic roll management and medical review, 
     $13,242,000; and
       [(4) the remaining funds shall be paid into the Treasury as 
     miscellaneous receipts:
     Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under chapter 81 of title 5, United States Code, or 33 U.S.C. 
     901 et seq., provide as part of such notice and claim, such 
     identifying information (including Social Security account 
     number) as such regulations may prescribe.

               [Special Benefits for Disabled Coal Miners

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


    [Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

                     [(including transfer of funds)

       [For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Act, $96,081,000, to remain 
     available until expended: Provided, That the Secretary of 
     Labor is authorized to transfer to any executive agency with 
     authority under the Energy Employees Occupational Illness 
     Compensation Act, including within the Department of Labor, 
     such sums as may be necessary in fiscal year 2006 to carry 
     out those authorities: Provided further, That the Secretary 
     may require that any person filing a claim for benefits under 
     the Act provide as part of such claim, such identifying 
     information (including Social Security account number) as may 
     be prescribed.

                   [Black Lung Disability Trust Fund


                     [(including transfer of funds)

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

             [Occupational Safety and Health Administration


                         [Salaries and Expenses

       [For necessary expenses for the Occupational Safety and 
     Health Administration, $477,199,000, including not to exceed 
     $92,013,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (the ``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $750,000 per fiscal year of training institute course 
     tuition fees, otherwise authorized by law to be collected, 
     and may utilize such sums for occupational safety and health 
     training and education grants: Provided, That, 
     notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
     authorized, during the fiscal year ending September 30, 2006, 
     to collect and retain fees for services provided to 
     Nationally Recognized Testing Laboratories, and may utilize 
     such sums, in accordance with the provisions of 29 U.S.C. 9a, 
     to administer national and international laboratory 
     recognition programs that ensure the safety of equipment and 
     products used by workers in the workplace: Provided further, 
     That none of the funds appropriated under this paragraph 
     shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Act which is applicable to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs 10 or fewer employees: 
     Provided further, That no funds appropriated under this 
     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

[[Page 23444]]

     may be collected by the National Mine Health and Safety 
     Academy for room, board, tuition, and the sale of training 
     materials, otherwise authorized by law to be collected, to be 
     available for mine safety and health education and training 
     activities, notwithstanding 31 U.S.C. 3302; and, in addition, 
     the Mine Safety and Health Administration may retain up to 
     $1,000,000 from fees collected for the approval and 
     certification of equipment, materials, and explosives for use 
     in mines, and may utilize such sums for such activities; the 
     Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, or private; the Mine Safety and 
     Health Administration is authorized to promote health and 
     safety education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; the Secretary is authorized to recognize the 
     Joseph A. Holmes Safety Association as a principal safety 
     association and, notwithstanding any other provision of law, 
     may provide funds and, with or without reimbursement, 
     personnel, including service of Mine Safety and Health 
     Administration officials as officers in local chapters or in 
     the national organization; and any funds available to the 
     department may be used, with the approval of the Secretary, 
     to provide for the costs of mine rescue and survival 
     operations in the event of a major disaster.

                      [Bureau of Labor Statistics


                         [Salaries and Expenses

       [For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $464,678,000, together with not to exceed $77,845,000, which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund, of which $5,000,000 
     may be used to fund the mass layoff statistics program under 
     section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).

                [Office of Disability Employment Policy


                         [salaries and expenses

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

                        [Departmental Management


                         [Salaries and Expenses

       [For necessary expenses for Departmental Management, 
     including the hire of three sedans, $244,112,000 of which 
     $6,944,000 to remain available until September 30, 2007, is 
     for Frances Perkins Building Security Enhancements, and 
     $29,760,000 is for the acquisition of Departmental 
     information technology, architecture, infrastructure, 
     equipment, software and related needs, which will be 
     allocated by the Department's Chief Information Officer in 
     accordance with the Department's capital investment 
     management process to assure a sound investment strategy; 
     together with not to exceed $311,000, which may be expended 
     from the Employment Security Administration Account in the 
     Unemployment Trust Fund.


                   [Veterans Employment and Training

       [Not to exceed $194,834,000 (increased by $5,000,000) may 
     be derived from the Employment Security Administration 
     Account in the Unemployment Trust Fund to carry out the 
     provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
     and Public Law 103-353, and which shall be available for 
     obligation by the States through December 31, 2006, of which 
     $1,984,000 (increased by $500,000) is for the National 
     Veterans' Employment and Training Services Institute. To 
     carry out the Homeless Veterans Reintegration Programs (38 
     U.S.C. 2021) and the Veterans Workforce Investment Programs 
     (29 U.S.C. 2913), $29,500,000 (increased by $3,000,000), of 
     which $7,500,000 shall be available for obligation for the 
     period July 1, 2006, through June 30, 2007.

                      [Office of Inspector General

       [For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $65,211,000, together with 
     not to exceed $5,608,000, which may be expended from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund.

                         [Working Capital Fund

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

                          [GENERAL PROVISIONS

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


                          [(transfer of funds)

       [Sec. 102. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between appropriations, but no such 
     appropriation shall be increased by more than 3 percent by 
     any such transfer: Provided, That an appropriation may be 
     increased by up to an additional 2 percent subject to 
     approval by the House and Senate Committees on 
     Appropriations: Provided further, That the transfer authority 
     granted by this section shall be available only to meet 
     emergency needs and shall not be used to create any new 
     program or to fund any project or activity for which no funds 
     are provided in this Act: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       [Sec. 103. In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, whole or in part, by forced 
     or indentured child labor in industries and host countries 
     already identified by the United States Department of Labor 
     prior to enactment of this Act.
       [Sec. 104. For purposes of chapter 8 of division B of the 
     Department of Defense and Emergency Supplemental 
     Appropriations for Recovery from and Response to Terrorist 
     Attacks on the United States Act, 2002 (Public Law 107-117), 
     payments made by the New York Workers' Compensation Board to 
     the New York Crime Victims Board and the New York State 
     Insurance Fund before the date of the enactment of this Act 
     shall be deemed to have been made for workers compensation 
     programs.
       [This title may be cited as the ``Department of Labor 
     Appropriations Act, 2006''.

           [TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

             [Health Resources and Services Administration

                     [Health Resources and Services

       [For carrying out titles II, III, IV, VII, VIII, X, XII, 
     XIX, and XXVI of the Public Health Service Act, section 
     427(a) of the Federal Coal Mine Health and Safety Act, title 
     V and sections 1128E, 711, and 1820 of the Social Security 
     Act, the Health Care Quality Improvement Act of 1986, as 
     amended, the Native Hawaiian Health Care Act of 1988, as 
     amended, the Cardiac Arrest Survival Act of 2000, and the 
     Poison Control Center Enhancement and Awareness Act, as 
     amended, and for expenses necessary to support activities 
     related to countering potential biological, disease, nuclear, 
     radiological and chemical threats to civilian populations, 
     $6,446,357,000, of which $39,180,000 from general revenues, 
     notwithstanding section 1820(j) of the Social Security Act, 
     shall be available for carrying out the Medicare rural 
     hospital flexibility grants program under section 1820 of 
     such Act: Provided, That of the funds made available under 
     this heading, $222,000 shall be available until expended for 
     facilities renovations at the Gillis W. Long Hansen's Disease 
     Center: Provided further, That in addition to fees authorized 
     by section 427(b) of the Health Care Quality Improvement Act 
     of 1986, fees shall be collected for the full disclosure of 
     information under the Act sufficient to recover the full 
     costs of operating the National Practitioner Data Bank, and 
     shall remain available until expended to carry out that Act: 
     Provided further, That fees collected for the full disclosure 
     of information under the ``Health Care Fraud and Abuse Data 
     Collection Program'', authorized by section 1128E(d)(2) of 
     the Social Security Act, shall be sufficient to recover the 
     full costs of operating the program, and shall remain 
     available until expended to carry out that Act: Provided 
     further, That $26,000,000 of the funding provided for Health 
     Centers shall be used for high-need counties, notwithstanding 
     section 330(s)(2)(B) of the Public Health Service Act: 
     Provided further, That no more than $45,000,000 is available 
     until expended for carrying out the provisions of Public Law 
     104-73: Provided further, That of the funds made available 
     under this heading, $285,963,000 shall be for the program 
     under title X of the Public Health Service Act to provide for 
     voluntary family planning projects: Provided further, That 
     amounts provided to said projects under such title shall not 
     be expended for abortions, that all pregnancy counseling 
     shall be nondirective, and that such amounts shall not be 
     expended for any activity (including the publication or 
     distribution of literature) that in any way tends to promote 
     public support or opposition to any legislative proposal or 
     candidate for public office: Provided further, That 
     $797,521,000 shall be for State AIDS Drug Assistance Programs 
     authorized by section 2616 of the Public Health Service Act: 
     Provided further, That in addition to amounts provided 
     herein, $25,000,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out Parts A, B, C, and D of title XXVI of the Public Health 
     Service Act to fund section 2691 Special Projects of National 
     Significance: Provided further, That, notwithstanding section 
     502(a)(1) of the Social Security Act, not to exceed 
     $116,124,000 is available for carrying out special projects 
     of regional and national significance pursuant to section 
     501(a)(2) of such Act.

[[Page 23445]]



           [Health Education Assistance Loans Program Account

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

            [Vaccine Injury Compensation Program Trust Fund

       [For payments from the Vaccine Injury Compensation Program 
     Trust Fund, such sums as may be necessary for claims 
     associated with vaccine-related injury or death with respect 
     to vaccines administered after September 30, 1988, pursuant 
     to subtitle 2 of title XXI of the Public Health Service Act, 
     to remain available until expended: Provided, That for 
     necessary administrative expenses, not to exceed $3,500,000 
     shall be available from the Trust Fund to the Secretary of 
     Health and Human Services.

              [Centers for Disease Control and Prevention

                [Disease Control, Research, and Training

       [To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, sections 20, 21, and 22 of the 
     Occupational Safety and Health Act of 1970, title IV of the 
     Immigration and Nationality Act, and section 501 of the 
     Refugee Education Assistance Act of 1980, and for expenses 
     necessary to support activities related to countering 
     potential biological, disease, nuclear, radiological and 
     chemical threats to civilian populations; including purchase 
     and insurance of official motor vehicles in foreign 
     countries; and purchase, hire, maintenance, and operation of 
     aircraft, $5,945,991,000, of which $30,000,000 shall remain 
     available until expended for equipment, and construction and 
     renovation of facilities; of which $30,000,000 of the amounts 
     available for immunization activities shall remain available 
     until expended; of which $530,000,000 shall remain available 
     until expended for the Strategic National Stockpile; and of 
     which $123,883,000 for international HIV/AIDS shall remain 
     available until September 30, 2007. In addition, such sums as 
     may be derived from authorized user fees, which shall be 
     credited to this account: Provided, That in addition to 
     amounts provided herein, the following amounts shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act:
       [(1) $12,794,000 to carry out the National Immunization 
     Surveys;
       [(2) $3,516,000 to carry out the National Center for Health 
     Statistics surveys;
       [(3) $24,751,000 to carry out information systems standards 
     development and architecture and applications-based research 
     used at local public health levels;
       [(4) $463,000 for Health Marketing evaluations;
       [(5) $31,000,000 to carry out Public Health Research; and
       [(6) $87,071,000 to carry out research activities within 
     the National Occupational Research Agenda:
     Provided further, That none of the funds made available for 
     injury prevention and control at the Centers for Disease 
     Control and Prevention may be used, in whole or in part, to 
     advocate or promote gun control: Provided further, That up to 
     $30,000,000 shall be made available until expended for 
     Individual Learning Accounts for full-time equivalent 
     employees of the Centers for Disease Control and Prevention: 
     Provided further, That the Director may redirect the total 
     amount made available under authority of Public Law 101-502, 
     section 3, dated November 3, 1990, to activities the Director 
     may so designate: Provided further, That the Congress is to 
     be notified promptly of any such transfer: Provided further, 
     That not to exceed $12,500,000 may be available for making 
     grants under section 1509 of the Public Health Service Act to 
     not more than 15 States, tribes, or tribal organizations: 
     Provided further, That without regard to existing statute, 
     funds appropriated may be used to proceed, at the discretion 
     of the Centers for Disease Control and Prevention, with 
     property acquisition, including a long-term ground lease for 
     construction on non-Federal land, to support the construction 
     of a replacement laboratory in the Fort Collins, Colorado 
     area: Provided further, That of the funds appropriated, 
     $10,000 is for official reception and representation expenses 
     when specifically approved by the Director of the Centers for 
     Disease Control and Prevention: Provided further, That 
     employees of the Centers for Disease Control and Prevention 
     or the Public Health Service, both civilian and Commissioned 
     Officers, detailed to States, municipalities, or other 
     organizations under authority of section 214 of the Public 
     Health Service Act for purposes related to homeland security, 
     shall be treated as non-Federal employees for reporting 
     purposes only and shall not be included within any personnel 
     ceiling applicable to the Agency, Service, or the Department 
     of Health and Human Services during the period of detail or 
     assignment.

                     [National Institutes of Health

                       [National Cancer Institute

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

               [National Heart, Lung, and Blood Institute

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

        [National Institute of Dental and Craniofacial Research

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

   [National Institute of Diabetes and Digestive and Kidney Diseases

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

        [National Institute of Neurological Disorders and Stroke

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

         [National Institute of Allergy and Infectious Diseases

       [For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $4,359,395,000: Provided, That up to $30,000,000 
     shall be for extramural facilities construction grants to 
     enhance the Nation's capability to do research on biological 
     and other agents.

            [National Institute of General Medical Sciences

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

       [National Institute of Child Health and Human Development

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

                        [National Eye Institute

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

          [National Institute of Environmental Health Sciences

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

                      [National Institute on Aging

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

 [National Institute of Arthritis and Musculoskeletal and Skin Diseases

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

   [National Institute on Deafness and Other Communication Disorders

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

                [National Institute of Nursing Research

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

          [National Institute on Alcohol Abuse and Alcoholism

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

                   [National Institute on Drug Abuse

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

                  [National Institute of Mental Health

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

               [National Human Genome Research Institute

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

      [National Institute of Biomedical Imaging and Bioengineering

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

                [National Center for Research Resources

       [For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $1,100,203,000: Provided, 
     That none of these funds shall be used to pay recipients of 
     the general research support grants program any amount for 
     indirect expenses in connection with such grants.

[[Page 23446]]



      [National Center for Complementary and Alternative Medicine

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

       [National Center on Minority Health and Health Disparities

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

                 [John E. Fogarty International Center

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

                     [National Library of Medicine

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

                        [Office of the Director


                     [(including transfer of funds)

       [For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $482,216,000, of 
     which up to $10,000,000 shall be used to carry out section 
     217 of this Act: Provided, That funding shall be available 
     for the purchase of not to exceed 29 passenger motor vehicles 
     for replacement only: Provided further, That the Director may 
     direct up to 1 percent of the total amount made available in 
     this or any other Act to all National Institutes of Health 
     appropriations to activities the Director may so designate: 
     Provided further, That no such appropriation shall be 
     decreased by more than 1 percent by any such transfers and 
     that the Congress is promptly notified of the transfer: 
     Provided further, That the National Institutes of Health is 
     authorized to collect third party payments for the cost of 
     clinical services that are incurred in National Institutes of 
     Health research facilities and that such payments shall be 
     credited to the National Institutes of Health Management 
     Fund: Provided further, That all funds credited to the 
     National Institutes of Health Management Fund shall remain 
     available for 1 fiscal year after the fiscal year in which 
     they are deposited: Provided further, That up to $500,000 
     shall be available to carry out section 499 of the Public 
     Health Service Act: Provided further, That in addition to the 
     transfer authority provided above, a uniform percentage of 
     the amounts appropriated in this Act to each Institute and 
     Center may be transferred and utilized for the National 
     Institutes of Health Roadmap for Medical Research: Provided 
     further, That the amount utilized under the preceding proviso 
     shall not exceed $250,000,000 without prior notification to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate: Provided further, That 
     amounts transferred and utilized under the preceding two 
     provisos shall be in addition to amounts made available for 
     the Roadmap for Medical Research from the Director's 
     Discretionary Fund and to any amounts allocated to activities 
     related to the Roadmap through the normal research priority-
     setting process of individual Institutes and Centers: 
     Provided further, That of the funds provided $10,000 shall be 
     for official reception and representation expenses when 
     specifically approved by the Director of NIH.


                       [Buildings and Facilities

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

       [Substance Abuse and Mental Health Services Administration

              [Substance Abuse and Mental Health Services

       [For carrying out titles V and XIX of the Public Health 
     Service Act (``PHS Act'') with respect to substance abuse and 
     mental health services, the Protection and Advocacy for 
     Individuals with Mental Illness Act, and section 301 of the 
     PHS Act with respect to program management, $3,230,744,000: 
     Provided, That notwithstanding section 520A(f)(2) of the PHS 
     Act, no funds appropriated for carrying out section 520A are 
     available for carrying out section 1971 of the PHS Act: 
     Provided further, That in addition to amounts provided 
     herein, the following amounts shall be available under 
     section 241 of the PHS Act:
       [(1) $79,200,000 to carry out subpart II of part B of title 
     XIX of the PHS Act to fund section 1935(b) technical 
     assistance, national data, data collection and evaluation 
     activities, and further that the total available under this 
     Act for section 1935(b) activities shall not exceed 5 percent 
     of the amounts appropriated for subpart II of part B of title 
     XIX;
       [(2) $21,803,000 to carry out subpart I of part B of title 
     XIX of the PHS Act to fund section 1920(b) technical 
     assistance, national data, data collection and evaluation 
     activities, and further that the total available under this 
     Act for section 1920(b) activities shall not exceed 5 percent 
     of the amounts appropriated for subpart I of part B of title 
     XIX;
       [(3) $16,000,000 to carry out national surveys on drug 
     abuse; and
       [(4) $4,300,000 to evaluate substance abuse treatment 
     programs.

              [Agency for Healthcare Research and Quality

                    [Healthcare Research and Quality

       [For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, $318,695,000; and in addition, amounts received from 
     Freedom of Information Act fees, reimbursable and interagency 
     agreements, and the sale of data shall be credited to this 
     appropriation and shall remain available until expended: 
     Provided, That no amount shall be made available pursuant to 
     section 927(c) of the Public Health Service Act for fiscal 
     year 2006.

              [Centers for Medicare and Medicaid Services

                     [Grants to States for Medicaid

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

                  [Payments to Health Care Trust Funds

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

                          [Program Management

       [For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $3,180,284,000, to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act and section 
     1857(e)(2) of the Social Security Act, and such sums as may 
     be collected from authorized user fees and the sale of data, 
     which shall remain available until expended: Provided, That 
     all funds derived in accordance with 31 U.S.C. 9701 from 
     organizations established under title XIII of the Public 
     Health Service Act shall be credited to and available for 
     carrying out the purposes of this appropriation: Provided 
     further, That $24,205,000, to remain available until 
     September 30, 2007, is for contract costs for CMS's Systems 
     Revitalization Plan: Provided further, That $79,934,000, to 
     remain available until September 30, 2007, is for contract 
     costs for the Healthcare Integrated General Ledger Accounting 
     System: Provided further, That funds appropriated under this 
     heading are available for the Healthy Start, Grow Smart 
     program under which the Centers for Medicare and Medicaid 
     Services may, directly or through grants, contracts, or 
     cooperative agreements, produce and distribute informational 
     materials including, but not limited to, pamphlets and 
     brochures on infant and toddler health care to expectant 
     parents enrolled in the Medicaid program and to parents and 
     guardians enrolled in such program with infants and children: 
     Provided further, That the Secretary of Health and Human 
     Services is directed to collect fees in fiscal year 2006 from 
     Medicare Advantage organizations pursuant to section 
     1857(e)(2) of the Social Security Act and from eligible 
     organizations with risk-sharing contracts under section 1876 
     of that Act pursuant to section 1876(k)(4)(D) of that Act.

     [Health Maintenance Organization Loan and Loan Guarantee Fund

       [For carrying out subsections (d) and (e) of section 1308 
     of the Public Health Service Act,

[[Page 23447]]

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

               [Administration for Children and Families

 [Payments to States for Child Support Enforcement and Family Support 
                                Programs

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

                   [Low-Income Home Energy Assistance

       [For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $1,984,799,000 (increased by 
     $22,000,000).

                    [Refugee and Entrant Assistance

       [For necessary expenses for refugee and entrant assistance 
     activities and for costs associated with the care and 
     placement of unaccompanied alien children authorized by title 
     IV of the Immigration and Nationality Act and section 501 of 
     the Refugee Education Assistance Act of 1980 (Public Law 96-
     422), for carrying out section 462 of the Homeland Security 
     Act of 2002 (Public Law 107-296), and for carrying out the 
     Torture Victims Relief Act of 2003 (Public Law 108-179), 
     $560,919,000, of which up to $9,915,000 shall be available to 
     carry out the Trafficking Victims Protection Act of 2003 
     (Public Law 108-193): Provided, That funds appropriated under 
     this heading pursuant to section 414(a) of the Immigration 
     and Nationality Act and section 462 of the Homeland Security 
     Act of 2002 for fiscal year 2006 shall be available for the 
     costs of assistance provided and other activities to remain 
     available through September 30, 2008.

   [Payments to States for the Child Care and Development Block Grant

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

                      [Social Services Block Grant

       [For making grants to States pursuant to section 2002 of 
     the Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX 
     of such Act shall be 10 percent.

                [Children and Families Services Programs

       [For carrying out, except as otherwise provided, the 
     Runaway and Homeless Youth Act, the Developmental 
     Disabilities Assistance and Bill of Rights Act, the Head 
     Start Act, the Child Abuse Prevention and Treatment Act, 
     sections 310 and 316 of the Family Violence Prevention and 
     Services Act, as amended, the Native American Programs Act of 
     1974, title II of Public Law 95-266 (adoption opportunities), 
     the Adoption and Safe Families Act of 1997 (Public Law 105-
     89), sections 1201 and 1211 of the Children's Health Act of 
     2000, the Abandoned Infants Assistance Act of 1988, sections 
     261 and 291 of the Help America Vote Act of 2002, part B(1) 
     of title IV and sections 413, 429A, 1110, and 1115 of the 
     Social Security Act, and sections 40155, 40211, and 40241 of 
     Public Law 103-322; for making payments under the Community 
     Services Block Grant Act, sections 439(h), 473A, and 477(i) 
     of the Social Security Act, and title IV of Public Law 105-
     285, and for necessary administrative expenses to carry out 
     said Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the 
     Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 
     9), the Omnibus Budget Reconciliation Act of 1981, title IV 
     of the Immigration and Nationality Act, section 501 of the 
     Refugee Education Assistance Act of 1980, sections 40155, 
     40211, and 40241 of Public Law 103-322, and section 126 and 
     titles IV and V of Public Law 100-485, $8,688,707,000, of 
     which $31,846,000, to remain available until September 30, 
     2007, shall be for grants to States for adoption incentive 
     payments, as authorized by section 473A of title IV of the 
     Social Security Act (42 U.S.C. 670-679) and may be made for 
     adoptions completed before September 30, 2006: Provided, That 
     $6,899,000,000 shall be for making payments under the Head 
     Start Act, of which $1,400,000,000 shall become available 
     October 1, 2006, and remain available through September 30, 
     2007: Provided further, That $384,672,000 shall be for making 
     payments under the Community Services Block Grant Act: 
     Provided further, That not less than $7,242,000 shall be for 
     section 680(3)(B) of the Community Services Block Grant Act: 
     Provided further, That in addition to amounts provided 
     herein, $8,000,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out the provisions of section 1110 of the Social Security 
     Act: Provided further, That to the extent Community Services 
     Block Grant funds are distributed as grant funds by a State 
     to an eligible entity as provided under the Act, and have not 
     been expended by such entity, they shall remain with such 
     entity for carryover into the next fiscal year for 
     expenditure by such entity consistent with program purposes: 
     Provided further, That the Secretary shall establish 
     procedures regarding the disposition of intangible property 
     which permits grant funds, or intangible assets acquired with 
     funds authorized under section 680 of the Community Services 
     Block Grant Act, as amended, to become the sole property of 
     such grantees after a period of not more than 12 years after 
     the end of the grant for purposes and uses consistent with 
     the original grant: Provided further, That funds appropriated 
     for section 680(a)(2) of the Community Services Block Grant 
     Act, as amended, shall be available for financing 
     construction and rehabilitation and loans or investments in 
     private business enterprises owned by community development 
     corporations: Provided further, That $75,000,000 is for a 
     compassion capital fund to provide grants to charitable 
     organizations to emulate model social service programs and to 
     encourage research on the best practices of social service 
     organizations: Provided further, That $14,879,000 shall be 
     for activities authorized by the Help America Vote Act of 
     2002, of which $9,919,000 shall be for payments to States to 
     promote access for voters with disabilities, and of which 
     $4,960,000 shall be for payments to States for protection and 
     advocacy systems for voters with disabilities: Provided 
     further, That $110,000,000 shall be for making competitive 
     grants to provide abstinence education (as defined by section 
     510(b)(2) of the Social Security Act) to adolescents, and for 
     Federal costs of administering the grant: Provided further, 
     That grants under the immediately preceding proviso shall be 
     made only to public and private entities which agree that, 
     with respect to an adolescent to whom the entities provide 
     abstinence education under such grant, the entities will not 
     provide to that adolescent any other education regarding 
     sexual conduct, except that, in the case of an entity 
     expressly required by law to provide health information or 
     services the adolescent shall not be precluded from seeking 
     health information or services from the entity in a different 
     setting than the setting in which abstinence education was 
     provided: Provided further, That within amounts provided 
     herein for abstinence education for adolescents, up to 
     $10,000,000 may be available for a national abstinence 
     education campaign: Provided further, That in addition to 
     amounts provided herein for abstinence education for 
     adolescents, $4,500,000 shall be available from amounts 
     available under section 241 of the Public Health Service Act 
     to carry out evaluations (including longitudinal evaluations) 
     of adolescent pregnancy prevention approaches: Provided 
     further, That $2,000,000 shall be for improving the Public 
     Assistance Reporting Information System, including grants to 
     States to support data collection for a study of the system's 
     effectiveness.

                  [Promoting Safe and Stable Families

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

      [Payments to States for Foster Care and Adoption Assistance

       [For making payments to States or other non-Federal 
     entities under title IV-E of the Social Security Act, 
     $4,852,800,000.
       [For making payments to States or other non-Federal 
     entities under title IV-E of the Act, for the first quarter 
     of fiscal year 2007, $1,730,000,000.
       [For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under 
     section 474 of title IV-

[[Page 23448]]

     E, for the last 3 months of the current fiscal year for 
     unanticipated costs, incurred for the current fiscal year, 
     such sums as may be necessary.

                        [Administration on Aging

                        [Aging Services Programs

       [For carrying out, to the extent not otherwise provided, 
     the Older Americans Act of 1965, as amended, and section 398 
     of the Public Health Service Act, $1,376,217,000, of which 
     $5,500,000 shall be available for activities regarding 
     medication management, screening, and education to prevent 
     incorrect medication and adverse drug reactions.

                        [Office of the Secretary

                    [General Departmental Management

       [For necessary expenses, not otherwise provided, for 
     general departmental management, including hire of six 
     sedans, and for carrying out titles III, XVII, XX, and XXI of 
     the Public Health Service Act, the United States-Mexico 
     Border Health Commission Act, and research studies under 
     section 1110 of the Social Security Act $338,695,000, 
     together with $5,851,000 to be transferred and expended as 
     authorized by section 201(g)(1) of the Social Security Act 
     from the Hospital Insurance Trust Fund and the Supplemental 
     Medical Insurance Trust Fund, and $39,552,000 from the 
     amounts available under section 241 of the Public Health 
     Service Act to carry out national health or human services 
     research and evaluation activities: Provided, That of the 
     funds made available under this heading for carrying out 
     title XX of the Public Health Service Act, $13,120,000 shall 
     be for activities specified under section 2003(b)(2), all of 
     which shall be for prevention service demonstration grants 
     under section 510(b)(2) of title V of the Social Security 
     Act, as amended, without application of the limitation of 
     section 2010(c) of said title XX: Provided further, That of 
     this amount, $52,415,000 shall be for minority AIDS 
     prevention and treatment activities; and $5,952,000 shall be 
     to assist Afghanistan in the development of maternal and 
     child health clinics, consistent with section 103(a)(4)(H) of 
     the Afghanistan Freedom Support Act of 2002.

                           [Medicare Appeals

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

                     [Health Information Technology

       [For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts and cooperative agreements for the 
     development and advancement of an interoperable national 
     health information technology infrastructure, $58,100,000 
     (reduced by $12,000,000): Provided, That in addition to 
     amounts provided herein, $16,900,000 (increased by 
     $12,000,000) shall be available from amounts under section 
     241 of the Public Health Service Act to carry out health 
     information technology network development.

                      [Office of Inspector General

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

                        [Office for Civil Rights

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

     [Retirement Pay and Medical Benefits for Commissioned Officers

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


           [Public Health and Social Services Emergency Fund

                     [(including transfer of funds)

       [For expenses necessary to support activities related to 
     countering potential biological, disease, nuclear, 
     radiological and chemical threats to civilian populations, 
     and to ensure a year-round influenza vaccine production 
     capacity, the development and implementation of rapidly 
     expandable influenza vaccine production technologies, and if 
     determined necessary by the Secretary, the purchase of 
     influenza vaccine, $183,589,000: Provided, That $120,000,000 
     of amounts available for influenza preparedness shall remain 
     available until expended: Provided further, That, in addition 
     to the amount above, $8,589,000 shall be transferred from 
     amounts appropriated under the head ``Disease Control, 
     Research, and Training'' for activities authorized by section 
     319F-2(a) of the Public Health Service Act to be utilized 
     consistent with section 319F-2(c)(7)(B)(ii) of such Act.

                          [GENERAL PROVISIONS

       [Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       [Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       [Sec. 203. None of the funds appropriated under this Act 
     may be used to implement section 399F(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       [Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health, the Agency for Healthcare 
     Research and Quality, and the Substance Abuse and Mental 
     Health Services Administration shall be used to pay the 
     salary of an individual, through a grant or other extramural 
     mechanism, at a rate in excess of Executive Level I.
       [Sec. 205. None of the funds appropriated in this title for 
     Head Start shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.
       [Sec. 206. None of the funds appropriated in this Act may 
     be expended pursuant to section 241 of the Public Health 
     Service Act, except for funds specifically provided for in 
     this Act, or for other taps and assessments made by any 
     office located in the Department of Health and Human 
     Services, prior to the Secretary's preparation and submission 
     of a report to the Committee on Appropriations of the Senate 
     and of the House detailing the planned uses of such funds.
       [Sec. 207. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary shall 
     determine, but not more than 1.3 percent, of any amounts 
     appropriated for programs authorized under said Act shall be 
     made available for the evaluation (directly, or by grants or 
     contracts) of the implementation and effectiveness of such 
     programs.


                          [(transfer of funds)

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


                          [(transfer of funds)

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


                          [(transfer of funds)

       [Sec. 210. Of the amounts made available in this Act for 
     the National Institutes of 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

[[Page 23449]]

     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare Advantage organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       [Sec. 213. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       [Sec. 214. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act (42 U.S.C. 300x-26) if such 
     State certifies to the Secretary of Health and Human Services 
     by May 1, 2006, that the State will commit additional State 
     funds, in accordance with subsection (b), to ensure 
     compliance with State laws prohibiting the sale of tobacco 
     products to individuals under 18 years of age.
       [(b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary of Health and Human 
     Services under section 1926 of such Act.
       [(c) The State is to maintain State expenditures in fiscal 
     year 2006 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year 2005, 
     and adding to that level the additional funds for tobacco 
     compliance activities required under subsection (a). The 
     State is to submit a report to the Secretary on all fiscal 
     year 2005 State expenditures and all fiscal year 2006 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2006.
       [(d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2006.
       [(e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     from a territory that receives less than $1,000,000.
       [Sec. 215. In order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2006, the Secretary of Health and Human 
     Services--
       [(1) may exercise authority equivalent to that available to 
     the Secretary of State in section 2(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). 
     The Secretary of Health and Human Services shall consult with 
     the Secretary of State and relevant Chief of Mission to 
     ensure that the authority provided in this section is 
     exercised in a manner consistent with section 207 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3927) and other 
     applicable statutes administered by the Department of State, 
     and
       [(2) is authorized to provide such funds by advance or 
     reimbursement to the Secretary of State as may be necessary 
     to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of the Department of Health and 
     Human Services. The Department of State shall cooperate fully 
     with the Secretary of Health and Human Services to ensure 
     that the Department of Health and Human Services has secure, 
     safe, functional facilities that comply with applicable 
     regulation governing location, setback, and other facilities 
     requirements and serve the purposes established by this Act. 
     The Secretary of Health and Human Services is authorized, in 
     consultation with the Secretary of State, through grant or 
     cooperative agreement, to make available to public or 
     nonprofit private institutions or agencies in participating 
     foreign countries, funds to acquire, lease, alter, or 
     renovate facilities in those countries as necessary to 
     conduct programs of assistance for international health 
     activities, including activities relating to HIV/AIDS and 
     other infectious diseases, chronic and environmental 
     diseases, and other health activities abroad.
       [Sec. 216. The Division of Federal Occupational Health 
     hereafter may utilize personal services contracting to employ 
     professional management/administrative and occupational 
     health professionals.
       [Sec. 217. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of the National Institutes of 
     Health may use funds available under section 402(i) of the 
     Public Health Service Act (42 U.S.C. 282(i)) to enter into 
     transactions (other than contracts, cooperative agreements, 
     or grants) to carry out research in support of the NIH 
     Roadmap for Medical Research.
       [(b) Peer Review.--In entering into transactions under 
     subsection (a), the Director of the National Institutes of 
     Health may utilize such peer review procedures (including 
     consultation with appropriate scientific experts) as the 
     Director determines to be appropriate to obtain assessments 
     of scientific and technical merit. Such procedures shall 
     apply to such transactions in lieu of the peer review and 
     advisory council review procedures that would otherwise be 
     required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
     406(a)(3)(A), 492, and 494 of the Public Health Service Act 
     (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, 
     and 289c).
       [Sec. 218. Funds which are available for Individual 
     Learning Accounts for employees of the Centers for Disease 
     Control and Prevention and the Agency for Toxic Substances 
     and Disease Registry may be transferred to ``Disease Control, 
     Research, and Training,'' to be available only for Individual 
     Learning Accounts: Provided, That such funds may be used for 
     any individual full-time equivalent employee while such 
     employee is employed either by CDC or ATSDR.
       [Sec. 219. $15,912,000 of the unobligated balance of the 
     Health Professions Student Loan program authorized in subpart 
     II, Federally-Supported Student Loan Funds, of title VII of 
     the Public Health Service Act is rescinded.
       [This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2006''.

                  [TITLE III--DEPARTMENT OF EDUCATION

                    [Education for the Disadvantaged

       [For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $14,728,735,000, of which 
     $7,144,426,000 shall become available on July 1, 2006, and 
     shall remain available through September 30, 2007, and of 
     which $7,383,301,000 shall become available on October 1, 
     2006, and shall remain available through September 30, 2007, 
     for academic year 2006-2007: Provided, That $6,934,854,000 
     shall be available for basic grants under section 1124: 
     Provided further, That up to $3,472,000 of these funds shall 
     be available to the Secretary of Education on October 1, 
     2005, to obtain annually updated educational-agency-level 
     census poverty data from the Bureau of the Census: Provided 
     further, That $1,365,031,000 shall be available for 
     concentration grants under section 1124A: Provided further, 
     That $2,269,843,000 shall be available for targeted grants 
     under section 1125: Provided further, That $2,269,843,000 
     shall be available for education finance incentive grants 
     under section 1125A: Provided further, That $9,424,000 shall 
     be available to carry out part E of title I: Provided 
     further, That $10,000,000 shall be available for 
     comprehensive school reform grants under part F of the ESEA.

                              [Impact Aid

       [For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,240,862,000, of which $1,102,896,000 shall be for basic 
     support payments under section 8003(b), $49,966,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $18,000,000 shall be for construction under section 
     8007 and shall remain available through September 30, 2007, 
     $65,000,000 shall be for Federal property payments under 
     section 8002, and $5,000,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008: Provided, That for purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     section 8003(a) of the Elementary and Secondary Education Act 
     (20 U.S.C. 7703(a)) for school year 2005-2006, children 
     enrolled in a school of such agency that would otherwise be 
     eligible for payment under section 8003(a)(1)(B) of such Act, 
     but due to the deployment of both parents or legal guardians, 
     or a parent or legal guardian having sole custody of such 
     children, or due to the death of a military parent or legal 
     guardian while on active duty (so long as such children 
     reside on Federal property as described in section 
     8003(a)(1)(B)), are no longer eligible under such section, 
     shall be considered as eligible students under such section, 
     provided such students remain in average daily attendance at 
     a school in the same local educational agency they attended 
     prior to their change in eligibility status.

                      [School Improvement Programs

       [For carrying out school improvement activities authorized 
     by titles II, part B of title IV, part A of title V, parts A 
     and B of title VI, and parts B and C of title VII of the 
     Elementary and Secondary Education Act of 1965 (``ESEA''); 
     the McKinney-Vento Homeless Assistance Act; section 203 of 
     the Educational Technical Assistance Act of 2002; the Compact 
     of Free Association Amendments Act of 2003; and the Civil 
     Rights Act of 1964, $5,393,765,000, of which $3,805,882,000 
     shall become available on July 1, 2006, and remain available 
     through September 30, 2007, and of which $1,435,000,000 shall 
     become available on October 1, 2006, and shall remain 
     available through September 30, 2007, for academic year 2006-
     2007: Provided, That $411,680,000 shall be for State 
     assessments and related activities authorized under sections 
     6111 and 6112 of the ESEA: Provided further, That $56,825,000 
     shall be available to

[[Page 23450]]

     carry out section 203 of the Educational Technical Assistance 
     Act of 2002: Provided further, That $12,132,000 shall be 
     available to carry out the Supplemental Education Grants 
     program for the Federated States of Micronesia, and 
     $6,051,000 shall be available to carry out the Supplemental 
     Education Grants program for the Republic of the Marshall 
     Islands: Provided further, That up to 5 percent of these 
     amounts may be reserved by the Federated States of Micronesia 
     and the Republic of the Marshall Islands to administer the 
     Supplemental Education Grants programs and to obtain 
     technical assistance, oversight and consultancy services in 
     the administration of these grants and to reimburse the 
     United States Departments of Labor, Health and Human 
     Services, and Education for such services.

                           [Indian Education

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

                      [Innovation and Improvement

       [For carrying out activities authorized by part G of title 
     I, subpart 5 of part A and parts C and D of title II, parts 
     B, C, and D of title V, and section 1504 of the Elementary 
     and Secondary Education Act of 1965 (``ESEA''), $708,522,000: 
     Provided, That $36,981,000 shall be for subpart 2 of part B 
     of title V: Provided further, That $127,000,000 shall be 
     available to carry out part D of title V of the ESEA, of 
     which $100,000,000 of the funds for subpart 1 shall be for 
     competitive grants to local educational agencies, including 
     charter schools that are local educational agencies, or 
     States, or partnerships of (1) a local educational agency, a 
     State, or both and (2) at least one non-profit organization 
     to develop and implement performance-based teacher and 
     principal compensation systems in high-need areas: Provided 
     further, That such performance-based compensation systems 
     must consider gains in student achievement, among other 
     factors, and may reward educators who choose to work in hard-
     to-staff schools: Provided further, That up to $700,000 of 
     the funds available under title V, part D, subpart 1 of the 
     ESEA may be used for evaluation of the program carried out 
     under the DC School Choice Incentive Act of 2003.

                [Safe Schools and Citizenship Education

       [For carrying out activities authorized by subpart 3 of 
     part C of title II, part A of title IV, and subparts 2, 3, 
     and 10 of part D of title V of the Elementary and Secondary 
     Education Act of 1965 (``ESEA''), $763,870,000, of which 
     $400,000,000, shall become available on July 1, 2006, and 
     remain available through September 30, 2007: Provided, That 
     $400,000,000 shall be available for subpart 1 of part A of 
     title IV and $152,537,000 shall be available for subpart 2 of 
     part A of title IV: Provided further, That $132,621,000 shall 
     be available to carry out part D of title V of the ESEA: 
     Provided further, That of the funds available to carry out 
     subpart 3 of part C of title II, up to $12,193,000 may be 
     used to carry out section 2345 and $3,035,000 shall be used 
     by the Center for Civic Education to implement a 
     comprehensive program to improve public knowledge, 
     understanding, and support of the Congress and the State 
     legislatures.

                     [English Language Acquisition

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

                           [Special Education

       [For carrying out the Individuals with Disabilities 
     Education Act, $11,813,783,000, of which $6,202,804,000 shall 
     become available for obligation on July 1, 2006, and shall 
     remain available through September 30, 2007, and of which 
     $5,413,000,000 shall become available on October 1, 2006, and 
     shall remain available through September 30, 2007, for 
     academic year 2006-2007: Provided, That $11,400,000 shall be 
     for Recording for the Blind and Dyslexic, Inc., to support 
     the development, production, and circulation of recorded 
     educational materials: Provided further, That the amount for 
     section 611(b)(2) of the Act shall be equal to the amount 
     available for that activity during fiscal year 2005, 
     increased by the amount of inflation as specified in section 
     619(d)(2)(B) of the Act.

            [Rehabilitation Services and Disability Research

       [For carrying out, to the extent not otherwise provided, 
     the Rehabilitation Act of 1973, the Assistive Technology Act 
     of 1998 (``the AT Act''), and the Helen Keller National 
     Center Act, $3,128,638,000: Provided, That $29,760,000 shall 
     be used for carrying out the AT Act, including $4,385,000 for 
     State grants for protection and advocacy under section 5 of 
     the AT Act and $5,086,000 shall be for alternative financing 
     programs under section 4(b)(2)(D) of the AT Act: Provided 
     further, That the Federal share of grants for alternative 
     financing programs shall not exceed 75 percent, and the 
     requirements in section 301(c)(2) and section 302 of the AT 
     Act (as in effect on the day before the date of enactment of 
     the Assistive Technology Act of 2004) shall not apply to such 
     grants.

          [Special Institutions for Persons With Disabilities


                 [American Printing House for the Blind

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


               [National Technical Institute for the Deaf

       [For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $56,137,000, of which $800,000 shall be 
     for construction and shall remain available until expended: 
     Provided, That from the total amount available, the Institute 
     may at its discretion use funds for the endowment program as 
     authorized under section 207.


                         [Gallaudet University

       [For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $107,657,000: Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207.

                    [Vocational and Adult Education

       [For carrying out, to the extent not otherwise provided, 
     the Carl D. Perkins Vocational and Technical Education Act of 
     1998, the Adult Education and Family Literacy Act, and 
     subparts 4 and 11 of part D of title V of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''), $1,991,782,000, 
     of which $1,196,058,000 shall become available on July 1, 
     2006, and shall remain available through September 30, 2007, 
     and of which $791,000,000 shall become available on October 
     1, 2006, and shall remain available through September 30, 
     2007: Provided, That of the amount provided for Adult 
     Education State Grants, $68,581,000 shall be made available 
     for integrated English literacy and civics education services 
     to immigrants and other limited English proficient 
     populations: Provided further, That of the amount reserved 
     for integrated English literacy and civics education, 
     notwithstanding section 211 of the Adult Education and Family 
     Literacy Act, 65 percent shall be allocated to States based 
     on a State's absolute need as determined by calculating each 
     State's share of a 10-year average of the Immigration and 
     Naturalization Service data for immigrants admitted for legal 
     permanent residence for the 10 most recent years, and 35 
     percent allocated to States that experienced growth as 
     measured by the average of the 3 most recent years for which 
     Immigration and Naturalization Service data for immigrants 
     admitted for legal permanent residence are available, except 
     that no State shall be allocated an amount less than $60,000: 
     Provided further, That of the amounts made available for the 
     Adult Education and Family Literacy Act, $9,096,000 shall be 
     for national leadership activities under section 243 and 
     $6,638,000 shall be for the National Institute for Literacy 
     under section 242: Provided further, That $94,476,000 shall 
     be available to support the activities authorized under 
     subpart 4 of part D of title V of the Elementary and 
     Secondary Education Act of 1965, of which up to 5 percent 
     shall become available October 1, 2005, and shall remain 
     available through September 30, 2007, for evaluation, 
     technical assistance, school networking, peer review of 
     applications, and program outreach activities, and of which 
     not less than 95 percent shall become available on July 1, 
     2006, and remain available through September 30, 2007, for 
     grants to local educational agencies: Provided further, That 
     funds made available to local education agencies under this 
     subpart shall be used only for activities related to 
     establishing smaller learning communities in high schools.

                     [Student Financial Assistance

       [For carrying out subparts 1, 3, and 4 of part A, part C 
     and part E of title IV of the Higher Education Act of 1965, 
     as amended, $15,283,752,000, which shall remain available 
     through September 30, 2007.
       [The maximum Pell Grant for which a student shall be 
     eligible during award year 2006-2007 shall be $4,100.

                      [Student Aid Administration

       [For Federal administrative expenses (in addition to funds 
     made available under section 458), to carry out part D of 
     title I, and subparts 1, 3, and 4 of part A, and parts B, C, 
     D, and E of title IV of the Higher Education Act of 1965, as 
     amended, $124,084,000.

                           [Higher Education

       [For carrying out, to the extent not otherwise provided, 
     section 121 and titles II, III, IV, V, VI, and VII of the 
     Higher Education Act of 1965 (``HEA''), as amended, section 
     1543 of the Higher Education Amendments of 1992, the Mutual 
     Educational and Cultural Exchange Act of 1961, and section 
     117 of the Carl D. Perkins Vocational and Technical Education 
     Act, $1,936,936,000 (increased by $27,000,000): Provided, 
     That $9,797,000, to remain available through September 30, 
     2007, 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

[[Page 23451]]

     of Education shall not require the use of a restricted 
     indirect cost rate for grants issued pursuant to section 117 
     of the Carl D. Perkins Vocational and Technical Education Act 
     of 1998: Provided further, That $980,000 is for data 
     collection and evaluation activities for programs under the 
     HEA, including such activities needed to comply with the 
     Government Performance and Results Act of 1993: Provided 
     further, That notwithstanding any other provision of law, 
     funds made available in this Act to carry out title VI of the 
     HEA and section 102(b)(6) of the Mutual Educational and 
     Cultural Exchange Act of 1961 may be used to support visits 
     and study in foreign countries by individuals who are 
     participating in advanced foreign language training and 
     international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That of the funds referred to in the 
     preceding proviso up to 1 percent may be used for program 
     evaluation, national outreach, and information dissemination 
     activities: Provided further, That the funds provided for 
     title II of the HEA shall be allocated notwithstanding 
     section 210 of such Act.

                           [Howard University

       [For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $240,790,000, of which not less than $3,524,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.

         [College Housing and Academic Facilities Loans Program

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

 [Historically Black College and University Capital Financing Program 
                                Account

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

                    [Institute of Education Sciences

       [For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, as amended, the National 
     Assessment of Educational Progress Authorization Act, section 
     208 of the Educational Technical Assistance Act of 2002, and 
     section 664 of the Individuals with Disabilities Education 
     Act, $522,696,000, of which $271,560,000 shall be available 
     until September 30, 2007.

                        [Departmental Management

                        [Program Administration

       [For carrying out, to the extent not otherwise provided, 
     the Department of Education Organization Act, including 
     rental of conference rooms in the District of Columbia and 
     hire of three passenger motor vehicles, $418,992,000.

                        [Office for Civil Rights

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

                    [Office of the Inspector General

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

                          [GENERAL PROVISIONS

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


                          [(transfer of funds)

       [Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least 15 days in advance of any 
     transfer.
       [Sec. 305. In addition, for carrying out subpart 1 of part 
     A of title IV of the Higher Education Act of 1965, 
     $4,300,000,000 for the purpose of eliminating the estimated 
     accumulated shortfall of budget authority for such subpart 
     for awards made through the award year 2005-2006, pursuant to 
     section 303 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       [This title may be cited as the ``Department of Education 
     Appropriations Act, 2006''.

                      [TITLE IV--RELATED AGENCIES

 [Committee for Purchase From People Who Are Blind or Severely Disabled

                         [salaries and expenses

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

            [Corporation for National and Community Service

        [Domestic Volunteer Service Programs, Operating Expenses

       [For expenses necessary for the Corporation for National 
     and Community Service to carry out the provisions of the 
     Domestic Volunteer Service Act of 1973, as amended, 
     $357,962,000: Provided, That none of the funds made available 
     to the Corporation for National and Community Service in this 
     Act for activities authorized by section 122 of part C of 
     title I and part E of title II of the Domestic Volunteer 
     Service Act of 1973 shall be used to provide stipends or 
     other monetary incentives to volunteers or volunteer leaders 
     whose incomes exceed 125 percent of the national poverty 
     level: Provided further, That notwithstanding section 122(c) 
     of the Act, the Corporation shall make available up to 
     $2,000,000 under part C of title I of the Act in a grant to 
     support Teach for America's efforts to address educational 
     inequity in low-income rural and urban communities.

      [National and Community Service Programs, Operating Expenses


                     [(including transfer of funds)

       [For necessary expenses for the Corporation for National 
     and Community Service (the ``Corporation'') in carrying out 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 
     et seq.), $523,087,000 (reduced by $5,000,000), to remain 
     available until September 30, 2007: Provided, That not more 
     than $270,000,000 (reduced by $2,500,000) of the amount 
     provided under this heading shall be available for grants 
     under the National Service Trust Program authorized under 
     subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) 
     (relating to activities of the AmeriCorps program), including 
     grants to organizations operating projects under the 
     AmeriCorps Education Awards Program (without regard to the 
     requirements of sections 121 (d) and (e), section 131(e), 
     section 132, and sections 140 (a), (d), and (e) of the Act): 
     Provided further, That not less than $146,000,000 of the 
     amount provided under this heading, to remain available 
     without fiscal year limitation, shall be transferred to the 
     National Service Trust for educational awards authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601), of 
     which up to $4,000,000 shall be available to support national 
     service scholarships for high school students performing 
     community service, and of which $10,000,000 shall be held in 
     reserve as defined in Public Law 108-45: Provided further, 
     That in addition to amounts otherwise provided to the 
     National Service Trust under the second proviso, the 
     Corporation may transfer funds from the amount provided under 
     the first proviso, to the National Service Trust authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601) upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to Congress: Provided further, That of the 
     amount provided under this heading for grants under the 
     National Service Trust program authorized under subtitle C of 
     title I of the Act, not more than $55,000,000 may be used to 
     administer, reimburse, or support any national service 
     program authorized under section 121(d)(2) of such Act (42 
     U.S.C. 12581(d)(2)): Provided further, That not more than 
     $9,945,000 shall be available for quality and innovation 
     activities authorized under subtitle H of title I of the Act 
     (42 U.S.C. 12853 et seq.), of which $4,000,000 shall be 
     available for challenge grants to non-profit organizations: 
     Provided further, That notwithstanding subtitle H of title I 
     of the Act (42 U.S.C. 12853), none of the funds provided 
     under the previous proviso shall be used to support salaries 
     and related expenses (including travel) attributable to 
     Corporation employees: Provided further, That to the maximum 
     extent feasible, funds appropriated under subtitle C of title 
     I of the Act shall be provided in a manner that is consistent 
     with the recommendations of peer review panels in order

[[Page 23452]]

     to ensure that priority is given to programs that demonstrate 
     quality, innovation, replicability, and sustainability: 
     Provided further, That $25,500,000 of the funds made 
     available under this heading shall be available for the 
     Civilian Community Corps authorized under subtitle E of title 
     I of the Act (42 U.S.C. 12611 et seq.): Provided further, 
     That $40,000,000 (reduced by $2,500,000) shall be available 
     for school-based and community-based service-learning 
     programs authorized under subtitle B of title I of the Act 
     (42 U.S.C. 12521 et seq.): Provided further, That $4,000,000 
     shall be available for audits and other evaluations 
     authorized under section 179 of the Act (42 U.S.C. 12639): 
     Provided further, That $10,000,000 of the funds made 
     available under this heading shall be made available for the 
     Points of Light Foundation for activities authorized under 
     title III of the Act (42 U.S.C. 12661 et seq.), of which not 
     more than $2,500,000 may be used to support an endowment 
     fund, the corpus of which shall remain intact and the 
     interest income from which shall be used to support 
     activities described in title III of the Act, provided that 
     the Foundation may invest the corpus and income in federally 
     insured bank savings accounts or comparable interest bearing 
     accounts, certificates of deposit, money market funds, mutual 
     funds, obligations of the United States, and other market 
     instruments and securities but not in real estate 
     investments: Provided further, That no funds shall be 
     available for national service programs run by Federal 
     agencies authorized under section 121(b) of such Act (42 
     U.S.C. 12571(b)): Provided further, That $5,000,000 of the 
     funds made available under this heading shall be made 
     available to America's Promise--The Alliance for Youth, Inc.: 
     Provided further, That to the maximum extent practicable, the 
     Corporation shall increase significantly the level of 
     matching funds and in-kind contributions provided by the 
     private sector, and shall reduce the total Federal costs per 
     participant in all programs: Provided further, That 
     notwithstanding section 501(a)(4) of the Act, of the funds 
     provided under this heading, not more than $12,642,000 shall 
     be made available to provide assistance to state commissions 
     on national and community service under section 126(a) of the 
     Act: Provided further, That the Corporation may use up to one 
     percent of program grant funds made available under this 
     heading to defray its costs of conducting grant application 
     reviews, including the use of outside peer reviewers.


     [NATIONAL AND COMMUNITY SERVICE PROGRAMS SALARIES AND EXPENSES

       [For necessary expenses of administration as provided under 
     section 501(a)(4) of the National and Community Service Act 
     of 1990 (42 U.S.C. 12501 et seq.) including payment of 
     salaries, authorized travel, hire of passenger motor 
     vehicles, the rental of conference rooms in the District of 
     Columbia, the employment of experts and consultants 
     authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 
     official reception and representation expenses, $27,000,000.


                      [OFFICE OF INSPECTOR GENERAL

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


                       [ADMINISTRATIVE PROVISIONS

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

                  [Corporation for Public Broadcasting


                        [(Including Rescission)

       [Of the amounts made available to the Corporation for 
     Public Broadcasting for fiscal year 2006 by Public Law 108-
     199, $100,000,000 is rescinded; up to $30,000,000 is 
     available for grants associated with the transition of public 
     television to digital broadcasting including costs related to 
     transmission equipment and program production, development, 
     and distribution, to be awarded as determined by the 
     Corporation in consultation with public television licensees 
     or permittees, or their designated representatives, and up to 
     $52,000,000 is available pursuant to section 396(k)(10) of 
     the Communications Act of 1934, as amended, for replacement 
     and upgrade of the public television interconnection system: 
     Provided, That section 396(k)(3) shall apply only to amounts 
     remaining after the allocations made herein.
       [For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for fiscal year 2008, $400,000,000: Provided, That no funds 
     made available to the Corporation for Public Broadcasting by 
     this Act shall be used to pay for receptions, parties, or 
     similar forms of entertainment for Government officials or 
     employees: Provided further, That none of the funds contained 
     in this paragraph shall be available or used to aid or 
     support any program or activity from which any person is 
     excluded, or is denied benefits, or is discriminated against, 
     on the basis of race, color, national origin, religion, or 
     sex.

              [Federal Mediation and Conciliation Service


                         [Salaries and Expenses

       [For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     for expenses necessary for the Labor-Management Cooperation 
     Act of 1978 (29 U.S.C. 175a); and for expenses necessary for 
     the Service to carry out the functions vested in it by the 
     Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 
     71), $42,331,000: Provided, That notwithstanding 31 U.S.C. 
     3302, fees charged, up to full-cost recovery, for special 
     training activities and other conflict resolution services 
     and technical assistance, including those provided to foreign 
     governments and international organizations, and for 
     arbitration services shall be credited to and merged with 
     this account, and shall remain available until expended: 
     Provided further, That fees for arbitration services shall be 
     available only for education, training, and professional 
     development of the agency workforce: Provided further, That 
     the Director of the Service is authorized to accept and use 
     on behalf of the United States gifts of services and real, 
     personal, or other property in the aid of any projects or 
     functions within the Director's jurisdiction.

           [Federal Mine Safety and Health Review Commission


                         [Salaries and Expenses

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

               [Institute of Museum and Library Services

   [Office of Museum and Library Services: Grants and Administration

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

                 [Medicare Payment Advisory Commission


                         [Salaries and Expenses

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

       [National Commission on Libraries and Information Science


                         [Salaries and Expenses

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

                    [National Council on Disability


                         [Salaries and Expenses

       [For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $2,800,000.

                    [National Labor Relations Board


                         [Salaries and Expenses

       [For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $252,268,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection

[[Page 23453]]

     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 
     percent of the water stored or supplied thereby is used for 
     farming purposes.

                       [National Mediation Board


                         [Salaries and Expenses

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

           [Occupational Safety and Health Review Commission


                         [Salaries and Expenses

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

                       [Railroad Retirement Board


                    [Dual Benefits Payments Account

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

         [Federal Payments to the Railroad Retirement Accounts

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

                     [Limitation on Administration

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

             [Limitation on the Office of Inspector General

       [For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $7,196,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the funds made available in any other 
     paragraph of this Act may be transferred to the Office; used 
     to carry out any such transfer; used to provide any office 
     space, equipment, office supplies, communications facilities 
     or services, maintenance services, or administrative services 
     for the Office; used to pay any salary, benefit, or award for 
     any personnel of the Office; used to pay any other operating 
     expense of the Office; or used to reimburse the Office for 
     any service provided, or expense incurred, by the Office.

                    [Social Security Administration

                [Payments to Social Security Trust Funds

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


                 [Supplemental Security Income Program

       [For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $29,533,174,000, to 
     remain available until expended: Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury.
       [For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       [For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2007, 
     $11,110,000,000, to remain available until expended.


                 [limitation on administrative expenses

       [For necessary expenses, including the hire of two 
     passenger motor vehicles, and not to exceed $15,000 for 
     official reception and representation expenses, not more than 
     $9,159,700,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $2,000,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances of funds 
     provided under this paragraph at the end of fiscal year 2006 
     not needed for fiscal year 2006 shall remain available until 
     expended to invest in the Social Security Administration 
     information technology and telecommunications hardware and 
     software infrastructure, including related equipment and non-
     payroll administrative expenses associated solely with this 
     information technology and telecommunications infrastructure: 
     Provided further, That reimbursement to the trust funds under 
     this heading for expenditures for official time for employees 
     of the Social Security Administration pursuant to section 
     7131 of title 5, United States Code, and for facilities or 
     support services for labor organizations pursuant to 
     policies, regulations, or procedures referred to in section 
     7135(b) of such title shall be made by the Secretary of the 
     Treasury, with interest, from amounts in the general fund not 
     otherwise appropriated, as soon as possible after such 
     expenditures are made.
       [In addition, $119,000,000 to be derived from 
     administration fees in excess of $5.00 per supplementary 
     payment collected pursuant to section 1616(d) of the Social 
     Security Act or section 212(b)(3) of Public Law 93-66, which 
     shall remain available until expended. To the extent that the 
     amounts collected pursuant to such section 1616(d) or 
     212(b)(3) in fiscal year 2006 exceed $119,000,000, the 
     amounts shall be available in fiscal year 2007 only to the 
     extent provided in advance in appropriations Acts.
       [In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act (Public Law 108-203), which shall remain 
     available until expended.


                      [office of inspector general

                     [(including transfer of funds)

       [For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $26,000,000, together with not to exceed 
     $66,805,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       [In addition, an amount not to exceed 3 percent of the 
     total provided in this appropriation may be transferred from 
     the ``Limitation on Administrative Expenses'', Social 
     Security Administration, to be merged with this account, to 
     be available for the time and purposes for which this account 
     is available: Provided, That notice of such transfers shall 
     be transmitted promptly to the Committees on Appropriations 
     of the House and Senate.

                      [TITLE V--GENERAL PROVISIONS

       [Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       [Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       [Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used directly or indirectly, including by 
     private contractor, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       [(b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       [Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Salaries and expenses, Federal Mediation and Conciliation 
     Service''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``Salaries and expenses, National Mediation 
     Board''.
       [Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out any program of distributing sterile needles or syringes 
     for the hypodermic injection of any illegal drug.

[[Page 23454]]

       [Sec. 506. When issuing statements, press releases, 
     requests for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       [(1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       [(2) the dollar amount of Federal funds for the project or 
     program; and
       [(3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       [Sec. 507. (a) None of the funds appropriated under this 
     Act, and none of the funds in any trust fund to which funds 
     are appropriated under this Act, shall be expended for any 
     abortion.
       [(b) None of the funds appropriated under this Act, and 
     none of the funds in any trust fund to which funds are 
     appropriated under this Act, shall be expended for health 
     benefits coverage that includes coverage of abortion.
       [(c) The term ``health benefits coverage'' means the 
     package of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       [Sec. 508. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       [(1) if the pregnancy is the result of an act of rape or 
     incest; or
       [(2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       [(b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other than 
     a State's or locality's contribution of Medicaid matching 
     funds).
       [(c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       [(d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       [(2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       [Sec. 509. (a) None of the funds made available in this Act 
     may be used for--
       [(1) the creation of a human embryo or embryos for research 
     purposes; or
       [(2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       [(b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       [Sec. 510. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established by section 202 
     of the Controlled Substances Act (21 U.S.C. 812).
       [(b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       [Sec. 511. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       [Sec. 512. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       [Sec. 513. None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
     Children's Internet Protections Act, unless such library has 
     made the certifications required by paragraph (4) of such 
     section.
       [Sec. 514. None of the funds made available by this Act to 
     carry out part D of title II of the Elementary and Secondary 
     Education Act of 1965 may be made available to any elementary 
     or secondary school covered by paragraph (1) of section 
     2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the 
     Children's Internet Protections Act and the No Child Left 
     Behind Act, unless the local educational agency with 
     responsibility for such covered school has made the 
     certifications required by paragraph (2) of such section.
       [Sec. 515. None of the funds appropriated in this Act may 
     be used to enter into an arrangement under section 7(b)(4) of 
     the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) 
     with a nongovernmental financial institution to serve as 
     disbursing agent for benefits payable under the Railroad 
     Retirement Act of 1974.
       [Sec. 516. (a) None of the funds provided under this Act, 
     or provided under previous appropriations Acts to the 
     agencies funded by this Act that remain available for 
     obligation or expenditure in fiscal year 2006, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agencies 
     funded by this Act, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       [(1) creates new programs;
       [(2) eliminates a program, project, or activity;
       [(3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       [(4) relocates an office or employees;
       [(5) reorganizes or renames offices;
       [(6) reorganizes programs or activities; or
       [(7) contracts out or privatizes any functions or 
     activities presently performed by Federal employees;
     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming or of an announcement of intent relating to 
     such reprogramming, whichever occurs earlier.
       [(b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2006, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       [(1) augments existing programs, projects (including 
     construction projects), or activities;
       [(2) reduces by 10 percent funding for any existing 
     program, project, or activity, or numbers of personnel by 10 
     percent as approved by Congress; or
       [(3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;
     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming or of an announcement of intent relating to 
     such reprogramming, whichever occurs earlier.
       [Sec. 517. Section 1015(b) of Public Law 108-173 is amended 
     by striking ``2005'' and inserting ``2006''.
       [Sec. 518. (a) None of the funds made available in this Act 
     may be used for the payment or reimbursement, including 
     payment or reimbursement under the programs described in 
     subsection (b), of a drug that is prescribed to an individual 
     described in subsection (c) for the treatment of sexual or 
     erectile dysfunction.
       [(b) The programs described in this subsection are the 
     medicaid program, the medicare program, and health related 
     programs funded under the Public Health Service Act.
       [(c) An individual described in this subsection is an 
     individual who has a conviction for sexual abuse, sexual 
     assault, or any other sexual offense, and includes any 
     individual who is registered (or who is a person required to 
     register) under section 170101 or 170102 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14071, 
     14072).
       [Sec. 519. The amounts otherwise provided in this Act for 
     the following accounts and activities are hereby reduced by 
     the following amounts, and none of the funds made available 
     in this Act may be used to carry out the rescission specified 
     in this Act under the heading ``Corporation for Public 
     Broadcasting'':
       [(1) ``Department of Labor, Employment and Training 
     Administration, Training and Employment Services'', 
     $58,000,000.
       [(2) ``Department of Labor, Departmental Management, 
     Salaries and Expenses'', $4,640,000.
       [(3) ``Department of Health and Human Services, Health 
     Resources and Services Administration, Health Resources and 
     Services'', $2,920,000.
       [(4) ``Department of Education, Higher Education'', 
     $27,000,000.

[[Page 23455]]

       [(5) ``Department of Education, Departmental Management, 
     Program Administration'', $8,380,000.
       [Sec. 520. None of the funds made available in this Act may 
     be used to enforce Determination ED-OIG/A05-D0008 of the 
     Department of Education.
       [Sec. 521. None of the funds appropriated by this Act may 
     be used by the Pension Benefit Guaranty Corporation to 
     enforce or implement the ``Settlement Agreement By and Among 
     UAL Corporation and all Direct and Indirect Subsidiaries and 
     Pension Benefit Guaranty Corporation'', dated April 22, 2005.
       [Sec. 522. None of the funds made available in this Act may 
     be used to place social security account numbers on 
     identification cards issued to beneficiaries under the 
     medicare program under title XVIII of the Social Security 
     Act.
       [Sec. 523. None of the funds made available in this Act may 
     be used to reimburse, or provide reimbursement, for Viagra, 
     Levitra, or Cialis.
       [Sec. 524. None of the funds made available under this Act 
     to the Department of Education may be expended in 
     contravention of section 505 of the Illegal Immigration 
     Reform and Responsibility Act of 1996 (8 U.S.C. 1623).
       [Sec. 525. None of the funds made available in this Act may 
     be used by the National Institute of Mental Health for any of 
     the following grants:
       [(1) Grant number MH060105 (Perceived Regard and 
     Relationship Resilience in Newlyweds).
       [(2) Grant number MH047313 (Perceptual Bases of Visual 
     Concepts in Pigeons).
       [Sec. 526. None of the funds made available in this Act may 
     be used to implement any strategic plan under section 3 of 
     Executive Order No. 13335 (regarding interoperable health 
     information technology) that does not require the Department 
     of Health and Human Services to give notice to any patient 
     whose information maintained by the Department under the 
     strategic plan is lost, stolen, or used for a purpose other 
     than the purpose for which the information was collected.
       [Sec. 527. None of the funds made available in this Act may 
     be used by the Department of Health and Human Services to 
     appoint an individual to a Federal advisory committee on the 
     basis of political affiliation, unless required by Federal 
     statute.
       [Sec. 528. None of the funds appropriated by this Act may 
     be used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments under a totalization agreement with 
     Mexico which are inconsistent with Federal law.
       [Sec. 529. None of the funds made available in this Act may 
     be used to administer or pay any special allowance under 
     section 438(b)(2)(B) of the Higher Education Act of 1965 (20 
     U.S.C. 1087-1(b)(2)(B)) with respect to--
       [(1) any loan made or purchased after the date of enactment 
     of this Act;
       [(2) any loan that had not qualified before such date of 
     enactment for receipt of a special allowance payment 
     determined under section 438(b)(2)(B) of the Higher Education 
     Act of 1965; or
       [(3) any loan made or purchased before such date of 
     enactment with funds described in the first or second 
     sentence of section 438(b)(2)(B)(i) of such Act if--
       [(A) the obligation described in the first such sentence 
     has, after such date of enactment, matured, or been retired 
     or defeased; or
       [(B) the maturity date or the date of retirement of the 
     obligation described in the first such sentence has, after 
     such date of enactment, been extended.
       [This Act may be cited as the ``Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2006''.]
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Labor, Health and Human Services, and Education, and 
     related agencies for the fiscal year ending September 30, 
     2006, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

                         (including rescission)

       For necessary expenses of the Workforce Investment Act of 
     1998, the Denali Commission Act of 1998, and the Women in 
     Apprenticeship and Non-Traditional Occupations Act of 1992, 
     including the purchase and hire of passenger motor vehicles, 
     the construction, alteration, and repair of buildings and 
     other facilities, and the purchase of real property for 
     training centers as authorized by the Workforce Investment 
     Act of 1998; $2,787,806,000 plus reimbursements, of which 
     $1,791,518,000 is available for obligation for the period 
     July 1, 2006 through June 30, 2007; except that amounts 
     determined by the Secretary of Labor to be necessary pursuant 
     to sections 173(a)(4)(A) and 174(c) of the Workforce 
     Investment Act of 1998 shall be available from October 1, 
     2005 until expended; and of which $986,288,000 is available 
     for obligation for the period April 1, 2006 through June 30, 
     2007, to carry out chapter 4 of the Workforce Investment Act 
     of 1998; and of which $10,000,000 is available for the period 
     July 1, 2006 through June 30, 2007 for necessary expenses of 
     construction, rehabilitation, and acquisition of Job Corps 
     centers: Provided, That notwithstanding any other provision 
     of law, of the funds provided herein under section 137(c) of 
     the Workforce Investment Act of 1998, $282,800,000 shall be 
     for activities described in section 132(a)(2)(A) of such Act 
     and $1,193,264,000 shall be for activities described in 
     section 132(a)(2)(B) of such Act: Provided further, That 
     $125,000,000 shall be available for Community-Based Job 
     Training Grants, which shall be from funds reserved under 
     section 132(a)(2)(A) of the Workforce Investment Act of 1998 
     and shall be used to carry out such grants under section 
     171(d) of such Act, except that the 10 percent limitation 
     otherwise applicable to the amount of funds that may be used 
     to carry out section 171(d) shall not be applicable to funds 
     used for Community-Based Job Training grants: Provided 
     further, That funds provided to carry out section 
     132(a)(2)(A) of the Workforce Investment Act of 1998 may be 
     used to provide assistance to a State for State-wide or local 
     use in order to address cases where there have been worker 
     dislocations across multiple sectors or across multiple local 
     areas and such workers remain dislocated; coordinate the 
     State workforce development plan with emerging economic 
     development needs; and train such eligible dislocated 
     workers: Provided further, That $7,936,000 shall be for 
     carrying out section 172 of the Workforce Investment Act of 
     1998: Provided further, That $982,000 shall be for carrying 
     out Public Law 102-530: Provided further, That, 
     notwithstanding any other provision of law or related 
     regulation, $80,557,000 shall be for carrying out section 167 
     of the Workforce Investment Act of 1998, including 
     $75,053,000 for formula grants, $5,000,000 for migrant and 
     seasonal housing (of which not less than 70 percent shall be 
     for permanent housing), and $504,000 for other discretionary 
     purposes: Provided further, That notwithstanding the transfer 
     limitation under section 133(b)(4) of such Act, up to 30 
     percent of such funds may be transferred by a local board if 
     approved by the Governor: Provided further, That funds 
     provided to carry out section 171(d) of the Workforce 
     Investment Act of 1998 may be used for demonstration projects 
     that provide assistance to new entrants in the workforce and 
     incumbent workers: Provided further, That no funds from any 
     other appropriation shall be used to provide meal services at 
     or for Job Corps centers.
       For necessary expenses of the Workforce Investment Act of 
     1998, including the purchase and hire of passenger motor 
     vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the Act; 
     $2,463,000,000 plus reimbursements, of which $2,363,000,000 
     is available for obligation for the period October 1, 2006 
     through June 30, 2007, and of which $100,000,000 is available 
     for the period October 1, 2006 through June 30, 2009, for 
     necessary expenses of construction, rehabilitation, and 
     acquisition of Job Corps centers.
       Of the funds provided under this heading in Public Law 108-
     7 to carry out section 173(a)(4)(A) of the Workforce 
     Investment Act of 1998, $20,000,000 are rescinded.
       Of the funds provided under this heading in Public Law 107-
     38, $5,000,000 are rescinded.
       The Secretary of Labor shall take no action to amend, 
     through regulatory or administration action, the definition 
     established in 20 CFR 667.220 for functions and activities 
     under title I of the Workforce Investment Act of 1998 until 
     such time as legislation reauthorizing the Act is enacted.


            Community Service Employment for Older Americans

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


              Federal Unemployment Benefits and Allowances

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


     State Unemployment Insurance and Employment Service Operations

       For authorized administrative expenses, $132,825,000, 
     together with not to exceed $3,326,954,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980, and 
     including $10,000,000 which may be used to conduct in-person 
     reemployment and eligibility assessments of unemployment 
     insurance beneficiaries by State unemployment insurance 
     employees in one-stop career centers), which may be expended 
     from the Employment Security Administration Account in the 
     Unemployment Trust Fund including the cost of administering 
     section 51 of the Internal Revenue Code of 1986, as amended, 
     section 7(d) of the Wagner-Peyser Act, as amended, the Trade 
     Act of 1974, as amended, the Immigration Act of 1990, and the 
     Immigration and Nationality Act, as amended, and of which the 
     sums available in the allocation for activities authorized by 
     title III of the Social Security Act, as amended (42 U.S.C. 
     502-

[[Page 23456]]

     504), and the sums available in the allocation for necessary 
     administrative expenses for carrying out 5 U.S.C. 8501-8523, 
     shall be available for obligation by the States through 
     December 31, 2006, except that funds used for automation 
     acquisitions shall be available for obligation by the States 
     through September 30, 2008; of which $132,825,000, together 
     with not to exceed $723,188,000 of the amount which may be 
     expended from said trust fund, shall be available for 
     obligation for the period July 1, 2006 through June 30, 2007, 
     to fund activities under the Act of June 6, 1933, as amended, 
     including the cost of penalty mail authorized under 39 U.S.C. 
     3202(a)(1)(E) made available to States in lieu of allotments 
     for such purpose: Provided, That to the extent that the 
     Average Weekly Insured Unemployment (AWIU) for fiscal year 
     2006 is projected by the Department of Labor to exceed 
     2,800,000, an additional $28,600,000 shall be available for 
     obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) from the Employment Security Administration Account 
     of the Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center system, or which are used to 
     support the national activities of the Federal-State 
     unemployment insurance or immigration programs, may be 
     obligated in contracts, grants or agreements with non-State 
     entities: Provided further, That funds appropriated in this 
     Act for activities authorized under the Wagner-Peyser Act, as 
     amended, and title III of the Social Security Act, may be 
     used by the States to fund integrated Employment Service and 
     Unemployment Insurance automation efforts, notwithstanding 
     cost allocation principles prescribed under Office of 
     Management and Budget Circular A-87.
       In addition to amounts made available above, and subject to 
     the same terms and conditions, $10,000,000 to conduct in-
     person reemployment and eligibility assessments of 
     unemployment insurance beneficiaries by State unemployment 
     insurance employees in one-stop career centers, and 
     $30,000,000 to prevent and detect fraudulent unemployment 
     benefits claims filed using personal information stolen from 
     unsuspecting workers: Provided, That not later than 180 days 
     following the end of fiscal year 2006, the Secretary shall 
     provide a report to the Congress which includes:
       (1) the amount spent for in-person reemployment and 
     eligibility assessments of UI beneficiaries in One-Stop 
     Career Centers, as well as funds made available and expended 
     to prevent and detect fraudulent claims for unemployment 
     benefits filed using workers' stolen personal information;
       (2) the number of scheduled in-person reemployment and 
     eligibility assessments, the number of individuals who failed 
     to appear for scheduled assessments, actions taken as a 
     result of individuals not appearing for an assessment (e.g., 
     benefits terminated), results of assessments (e.g., referred 
     to reemployment services, found in compliance with program 
     requirements), estimated savings resulting from cessation of 
     benefits, and estimated savings as a result of accelerated 
     reemployment; and
       (3) the estimated number of UI benefit claims filed using 
     stolen identification that are discovered at the time of 
     initial filing, with an estimate of the resulting savings; 
     and the estimated number of ID theft-related continued claims 
     stopped, with an estimate of the amount paid on such 
     fraudulent claims and an estimate of the resulting savings 
     from their termination.


        Advances to the Unemployment Trust Fund and Other Funds

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


                         Program Administration

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


                     Workers Compensation Programs

                              (rescission)

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

               Employee Benefits Security Administration


                         Salaries and Expenses

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

                  Pension Benefit Guaranty Corporation


               Pension Benefit Guaranty Corporation Fund

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

                  Employment Standards Administration


                         Salaries and Expenses

       For necessary expenses for the Employment Standards 
     Administration, including reimbursement to State, Federal, 
     and local agencies and their employees for inspection 
     services rendered, $410,568,000, together with $2,048,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d) and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act: Provided, That the 
     Secretary of Labor is authorized to accept, retain, and 
     spend, until expended, in the name of the Department of 
     Labor, all sums of money ordered to be paid to the Secretary 
     of Labor, in accordance with the terms of the Consent 
     Judgment in Civil Action No. 91-0027 of the United States 
     District Court for the District of the Northern Mariana 
     Islands (May 21, 1992): Provided further, That the Secretary 
     of Labor is authorized to establish and, in accordance with 
     31 U.S.C. 3302, collect and deposit in the Treasury fees for 
     processing applications and issuing certificates under 
     sections 11(d) and 14 of the Fair Labor Standards Act of 
     1938, as amended (29 U.S.C. 211(d) and 214) and for 
     processing applications and issuing registrations under title 
     I of the Migrant and Seasonal Agricultural Worker Protection 
     Act (29 U.S.C. 1801 et seq.).


                            Special Benefits

                     (including transfer of funds)

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


               Special Benefits for Disabled Coal Miners

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


    Administrative Expenses, Energy Employees Occupational Illness 
                           Compensation Fund

                     (including transfer of funds)

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Act, $96,081,000, to remain 
     available until

[[Page 23457]]

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


                    Black Lung Disability Trust Fund

                     (including transfer of funds)

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

             Occupational Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $477,491,000, including not to exceed 
     $92,013,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (the ``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $750,000 per fiscal year of training institute course 
     tuition fees, otherwise authorized by law to be collected, 
     and may utilize such sums for occupational safety and health 
     training and education grants: Provided, That, 
     notwithstanding 31 U.S.C. 3302, the Secretary of Labor is 
     authorized, during the fiscal year ending September 30, 2006, 
     to collect and retain fees for services provided to 
     Nationally Recognized Testing Laboratories, and may utilize 
     such sums, in accordance with the provisions of 29 U.S.C. 9a, 
     to administer national and international laboratory 
     recognition programs that ensure the safety of equipment and 
     products used by workers in the workplace: Provided further, 
     That none of the funds appropriated under this paragraph 
     shall be obligated or expended to prescribe, issue, 
     administer, or enforce any standard, rule, regulation, or 
     order under the Act which is applicable to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs 10 or fewer employees: 
     Provided further, That no funds appropriated under this 
     paragraph shall be obligated or expended to administer or 
     enforce any standard, rule, regulation, or order under the 
     Act with respect to any employer of 10 or fewer employees who 
     is included within a category having a Days Away, Restricted, 
     or Transferred (DART) occupational injury and illness rate, 
     at the most precise industrial classification code for which 
     such data are published, less than the national average rate 
     as such rates are most recently published by the Secretary, 
     acting through the Bureau of Labor Statistics, in accordance 
     with section 24 of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act:
     Provided further, That the foregoing proviso shall not apply 
     to any person who is engaged in a farming operation which 
     does not maintain a temporary labor camp and employs 10 or 
     fewer employees: Provided further, That not less than 
     $3,200,000 shall be used to extend funding for the 
     Institutional Competency Building training grants which 
     commenced in September 2000, for program activities for the 
     period of September 30, 2006 to September 30, 2007, provided 
     that a grantee has demonstrated satisfactory performance.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $280,490,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities; in addition, not to exceed $750,000 may be 
     collected by the National Mine Health and Safety Academy for 
     room, board, tuition, and the sale of training materials, 
     otherwise authorized by law to be collected, to be available 
     for mine safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 
     Safety and Health Administration may retain up to $1,000,000 
     from fees collected for the approval and certification of 
     equipment, materials, and explosives for use in mines, and 
     may utilize such sums for such activities; the Secretary is 
     authorized to accept lands, buildings, equipment, and other 
     contributions from public and private sources and to 
     prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; and any funds available to the department may 
     be used, with the approval of the Secretary, to provide for 
     the costs of mine rescue and survival operations in the event 
     of a major disaster.

                       Bureau of Labor Statistics


                         Salaries and Expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $464,678,000, together with not to exceed $77,845,000, which 
     may be expended from the Employment Security Administration 
     Account in the Unemployment Trust Fund, of which $5,000,000 
     may be used to fund the mass layoff statistics program under 
     section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).

                 Office of Disability Employment Policy


                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $47,164,000.

                        Departmental Management


                         Salaries and Expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including the 
     management or operation, through contracts, grants or other 
     arrangements of Departmental activities conducted by or 
     through the Bureau of International Labor Affairs, including 
     bilateral and multilateral technical assistance and other 
     international labor activities, $320,250,000, of which 
     $6,944,000, to remain available until September 30, 2007, is 
     for Frances Perkins Building Security Enhancements, and 
     $29,760,000 is for the acquisition of Departmental 
     information technology, architecture, infrastructure, 
     equipment, software and related needs, which will be 
     allocated by the Department's Chief Information Officer in 
     accordance with the Department's capital investment 
     management process to assure a sound investment strategy; 
     together with not to exceed $311,000, which may be expended 
     from the Employment Security Administration Account in the 
     Unemployment Trust Fund: Provided, That no funds made 
     available by this Act may be used by the Solicitor of Labor 
     to participate in a review in any United States court of 
     appeals of any decision made by the Benefits Review Board 
     under section 21 of the Longshore and Harbor Workers' 
     Compensation Act (33 U.S.C. 921) where such participation is 
     precluded by the decision of the United States Supreme Court 
     in Director, Office of Workers' Compensation Programs v. 
     Newport News Shipbuilding, 115 S. Ct. 1278 (1995), 
     notwithstanding any provisions to the contrary contained in 
     Rule 15 of the Federal Rules of Appellate Procedure: Provided 
     further, That no funds made available by this Act may be used 
     by the Secretary of Labor to review a decision under the 
     Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 
     et seq.) that has been appealed and that has been pending 
     before the Benefits Review Board for more than 12 months: 
     Provided further, That any such decision pending a review by 
     the Benefits Review Board for more than 1 year shall be 
     considered affirmed by the Benefits Review Board on the 1-
     year anniversary of the filing of the appeal, and shall be 
     considered the final order of the Board for purposes of 
     obtaining a review in the United States courts of appeals:

[[Page 23458]]

     Provided further, That these provisions shall not be 
     applicable to the review or appeal of any decision issued 
     under the Black Lung Benefits Act (30 U.S.C. 901 et seq.).


                    Veterans Employment and Training

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


                      Office of Inspector General

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $67,211,000, together with 
     not to exceed $5,608,000, which may be expended from the 
     Employment Security Administration Account in the 
     Unemployment Trust Fund.

                          Working Capital Fund

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

                           General Provisions


                          (transfer of funds)

       Sec. 101. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Labor in this 
     Act may be transferred between a program, project, or 
     activity, but no such program, project, or activity shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That a program, project, or activity may be 
     increased by up to an additional 2 percent subject to 
     approval by the House and Senate Committees on 
     Appropriations: Provided further, That the transfer authority 
     granted by this section shall be available only to meet 
     emergency needs and shall not be used to create any new 
     program or to fund any project or activity for which no funds 
     are provided in this Act: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.
       Sec. 102. In accordance with Executive Order No. 13126, 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, whole or in part, by forced 
     or indentured child labor in industries and host countries 
     already identified by the United States Department of Labor 
     prior to enactment of this Act.
       Sec. 103. There is authorized to be appropriated such sums 
     as may be necessary to the Denali Commission through the 
     Department of Labor to conduct job training of the local 
     workforce where Denali Commission projects will be 
     constructed.
       Sec. 104. For purposes of chapter 8 of division B of the 
     Department of Defense and Emergency Supplemental 
     Appropriations for Recovery from and Response to Terrorist 
     Attacks on the United States Act, 2002 (Public Law 107-117), 
     payments made by the New York Workers' Compensation Board to 
     the New York Crime Victims Board and the New York State 
     Insurance Fund before the date of the enactment of this Act 
     shall be deemed to have been made for workers compensation 
     programs.
       Sec. 105. The Department of Labor shall submit its fiscal 
     year 2007 congressional budget justifications to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in the format and level of detail used by the 
     Department of Education in its fiscal year 2006 congressional 
     budget justifications.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2006''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       For carrying out titles II, III, IV, VII, VIII, X, XII, 
     XIX, and XXVI of the Public Health Service Act, section 
     427(a) of the Federal Coal Mine Health and Safety Act, title 
     V and sections 1128E, and 711, and 1820 of the Social 
     Security Act, the Health Care Quality Improvement Act of 
     1986, as amended, the Native Hawaiian Health Care Act of 
     1988, as amended, the Cardiac Arrest Survival Act of 2000, 
     section 712 of the American Jobs Creation Act of 2004, the 
     Poison Control Center Enhancement and Awareness Act, as 
     amended, and for expenses necessary to support activities 
     related to countering potential biological, disease, nuclear, 
     radiological and chemical threats to civilian populations, 
     $7,398,434,000, of which $480,751,000 shall be available for 
     construction and renovation (including equipment) of health 
     care and other facilities and other health-related 
     activities, and of which $64,180,000 from general revenues, 
     notwithstanding section 1820(j) of the Social Security Act, 
     shall be available for carrying out the Medicare rural 
     hospital flexibility grants program under section 1820 of 
     such Act (of which $25,000,000 is for a Rural Health, 
     Education, and Workforce Infrastructure Demonstration Program 
     which shall solicit and fund proposals from local 
     governments, hospitals, universities, and rural public 
     health-related entities and organizations for research 
     development, educational programs, job training, and 
     construction of public health-related facilities): Provided, 
     That of the funds made available under this heading, $222,000 
     shall be available until expended for facilities renovations 
     at the Gillis W. Long Hansen's Disease Center: Provided 
     further, That in addition to fees authorized by section 
     427(b) of the Health Care Quality Improvement Act of 1986, 
     fees shall be collected for the full disclosure of 
     information under the Act sufficient to recover the full 
     costs of operating the National Practitioner Data Bank, and 
     shall remain available until expended to carry out that Act: 
     Provided further, That fees collected for the full disclosure 
     of information under the ``Health Care Fraud and Abuse Data 
     Collection Program'', authorized by section 1128E(d)(2) of 
     the Social Security Act, shall be sufficient to recover the 
     full costs of operating the program, and shall remain 
     available until expended to carry out that Act: Provided 
     further, That $20,000,000 of the funding provided for 
     community health centers shall be used for base grant 
     adjustments for existing centers: Provided further, That no 
     more than $99,000 is available until expended for carrying 
     out the provisions of 42 U.S.C. 233(o) including associated 
     administrative expenses: Provided further, That $13,000,000 
     of the funding provided for Health Centers shall be used for 
     high-need counties, notwithstanding section 330(r)(2)(B) of 
     the Public Health Service Act: Provided further, That no more 
     than $45,000,000 is available until expended for carrying out 
     the provisions of Public Law 104-73 and for expenses incurred 
     by the Department of Health and Human Services pertaining to 
     administrative claims made under such law: Provided further, 
     That $9,859,000 is available until expended for the National 
     Cord Blood Stem Cell Bank Program as described in House 
     Report 108-401: Provided further, That of the funds made 
     available under this heading, $285,963,000 shall be for the 
     program under title X of the Public Health Service Act to 
     provide for voluntary family planning projects: Provided 
     further, That amounts provided to said projects under such 
     title shall not be expended for abortions, that all pregnancy 
     counseling shall be nondirective, and that such amounts shall 
     not be expended for any activity (including the publication 
     or distribution of literature) that in any way tends to 
     promote public support or opposition to any legislative 
     proposal or candidate for public office: Provided further, 
     That $797,521,000 shall be for State AIDS Drug Assistance 
     Programs authorized by section 2616 of the Public Health 
     Service Act: Provided further, That in addition to amounts 
     provided herein, $25,000,000 shall be available from amounts 
     available under section 241 of the Public Health Service Act 
     to carry out Parts A, B, C, and D of title XXVI of the Public 
     Health Service Act to fund section 2691 Special Projects of 
     National Significance: Provided further, That, 
     notwithstanding section 502(a)(1) of the Social Security Act, 
     not to exceed $121,396,250 is available for carrying out 
     special projects of regional and national significance 
     pursuant to section 501(a)(2) of such Act: Provided further, 
     That of the funds provided, $39,680,000 shall be provided to 
     the Denali Commission as a direct lump payment pursuant to 
     Public Law 106-113.


           Health Education Assistance Loans Program Account

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


             Vaccine Injury Compensation Program Trust Fund

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

               Centers for Disease Control and Prevention


                Disease Control, Research, and Training

       To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
     and XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, sections 20, 21, and 22 of the 
     Occupational Safety and Health Act of 1970, title IV of the 
     Immigration and Nationality Act, section 501 of the Refugee 
     Education Assistance Act of 1980, and for expenses necessary 
     to support activities related to countering potential 
     biological, disease, nuclear, radiological, and chemical 
     threats to civilian populations; including purchase and 
     insurance of official motor vehicles in foreign countries; 
     and purchase, hire, maintenance, and operation of aircraft, 
     $5,989,115,000, of which $225,000,000 shall remain available 
     until expended for equipment, and construction and renovation 
     of facilities; of which $30,000,000 of the amounts available 
     for immunization activities shall remain available until 
     expended; of which $542,000,000 shall remain available until 
     expended for the Strategic National Stockpile; and of which 
     $123,883,000 for international HIV/AIDS shall remain 
     available until September 30, 2007. In addition, such sums as 
     may be derived from authorized user fees, which shall be 
     credited to this account: Provided, That in addition

[[Page 23459]]

     to amounts provided herein, the following amounts shall be 
     available from amounts available under section 241 of the 
     Public Health Service Act: (1) $12,794,000 to carry out the 
     National Immunization Surveys; (2) $109,021,000 to carry out 
     the National Center for Health Statistics surveys; (3) 
     $24,751,000 to carry out information systems standards 
     development and architecture and applications-based research 
     used at local public health levels; (4) $463,000 for Health 
     Marketing evaluations; (5) $31,000,000 to carry out Public 
     Health Research; and (6) $87,071,000 to carry out research 
     activities within the National Occupational Research Agenda: 
     Provided further, That none of the funds made available for 
     injury prevention and control at the Centers for Disease 
     Control and Prevention may be used, in whole or in part, to 
     advocate or promote gun control: Provided further, That up to 
     $31,800,000 shall be made available until expended for 
     Individual Learning Accounts for full-time equivalent 
     employees of the Centers for Disease Control and Prevention: 
     Provided further, That the Director may redirect the total 
     amount made available under authority of Public Law 101-502, 
     section 3, dated November 3, 1990, to activities the Director 
     may so designate: Provided further, That the Congress is to 
     be notified promptly of any such transfer: Provided further, 
     That not to exceed $12,500,000 may be available for making 
     grants under section 1509 of the Public Health Service Act to 
     not more than 15 States, tribes, or tribal organizations: 
     Provided further, That without regard to existing statute, 
     funds appropriated may be used to proceed, at the discretion 
     of the Centers for Disease Control and Prevention, with 
     property acquisition, including a long-term ground lease for 
     construction on non-Federal land, to support the construction 
     of a replacement laboratory in the Fort Collins, Colorado 
     area: Provided further, That notwithstanding any other 
     provision of law, a single contract or related contracts for 
     development and construction of facilities may be employed 
     which collectively include the full scope of the project: 
     Provided further, That the solicitation and contract shall 
     contain the clause ``availability of funds'' found at 48 CFR 
     52.232-18: Provided further, That of the funds appropriated, 
     $10,000 is for official reception and representation expenses 
     when specifically approved by the Director of the Centers for 
     Disease Control and Prevention: Provided further, That 
     employees of the Centers for Disease Control and Prevention 
     or the Public Health Service, both civilian and Commissioned 
     Officers, detailed to States, municipalities, or other 
     organizations under authority of section 214 of the Public 
     Health Service Act, shall be treated as non-Federal employees 
     for reporting purposes only and shall not be included within 
     any personnel ceiling applicable to the Agency, Service, or 
     the Department of Health and Human Services during the period 
     of detail or assignment.

                     National Institutes of Health


                       National Cancer Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $4,960,828,000, of 
     which up to $8,000,000 may be used for facilities repairs and 
     improvements at the NCI-Frederick Federally Funded Research 
     and Development Center in Frederick, Maryland.


               National Heart, Lung, and Blood Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, $3,023,381,000.


         National Institute of Dental and Craniofacial Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $405,269,000.


    National Institute of Diabetes and Digestive and Kidney Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $1,767,919,000.


        National Institute of Neurological Disorders and Stroke

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to neurological disorders and 
     stroke, $1,591,924,000.


         National Institute of Allergy and Infectious Diseases

                     (including transfer of funds)

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $4,547,136,000: Provided, That $100,000,000 may be 
     made available to International Assistance Programs ``Global 
     Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to 
     remain available until expended: Provided further, That up to 
     $30,000,000 shall be for extramural facilities construction 
     grants to enhance the Nation's capability to do research on 
     biological and other agents.


             National Institute of General Medical Sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $2,002,622,000.


        National Institute of Child Health and Human Development

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to child health and human 
     development, $1,310,989,000.


                         National Eye Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to eye diseases and visual 
     disorders, $693,559,000.


          National Institute of Environmental Health Sciences

       For carrying out sections 301 and 311 and title IV of the 
     Public Health Service Act with respect to environmental 
     health sciences, $667,372,000.


                      National Institute on Aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, $1,090,600,000.


 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to arthritis and 
     musculoskeletal and skin diseases, $525,758,000.


    National Institute on Deafness and Other Communication Disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $409,432,000.


                 National Institute of Nursing Research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     $142,549,000.


           National Institute on Alcohol Abuse and Alcoholism

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to alcohol abuse and 
     alcoholism, $452,271,000.


                    National Institute on Drug Abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, 
     $1,035,167,000.


                  National Institute of Mental Health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     $1,460,393,000.


                National Human Genome Research Institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $502,804,000.


      National Institute of Biomedical Imaging and Bioengineering

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to biomedical imaging and 
     bioengineering research, $309,091,000.


                 National Center for Research Resources

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $1,188,079,000: Provided, 
     That none of these funds shall be used to pay recipients of 
     the general research support grants program any amount for 
     indirect expenses in connection with such grants: Provided 
     further, That $30,000,000 shall be for extramural facilities 
     construction grants.


       National Center for Complementary and Alternative Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to complementary and 
     alternative medicine, $126,978,000.


       National Center on Minority Health and Health Disparities

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to minority health and health 
     disparities research, $203,367,000.


                  John E. Fogarty International Center

       For carrying out the activities at the John E. Fogarty 
     International Center, $68,745,000.


                      National Library of Medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, $327,222,000, of which $4,000,000 shall be 
     available until expended for improvement of information 
     systems: Provided, That in fiscal year 2006, the Library may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health: 
     Provided further, That in addition to amounts provided 
     herein, $8,200,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out National Information Center on Health Services Research 
     and Health Care Technology and related health services.


                         Office of the Director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $487,434,000, of 
     which up to $10,000,000 shall be used to carry out section 
     216 of this Act: Provided, That funding shall be available 
     for the purchase of not to exceed 29 passenger motor vehicles 
     for replacement only: Provided further, That the Director may 
     direct up to 1 percent of the total amount made available in 
     this or any other Act to all National Institutes of Health 
     appropriations to activities the Director may so designate: 
     Provided further, That no such appropriation shall be 
     decreased by more than 1 percent by any such transfers and 
     that the Congress is promptly notified of the transfer: 
     Provided further, That the National Institutes of Health is 
     authorized to collect third party payments for the cost of 
     clinical services that are incurred in National Institutes of 
     Health research facilities and that such payments shall be 
     credited to the National Institutes of Health Management 
     Fund: Provided further, That all funds credited to the 
     National Institutes of Health Management Fund shall remain 
     available for one fiscal year after the fiscal year in which 
     they are deposited: Provided further, That up to $500,000 
     shall be available to carry out section 499 of the Public 
     Health Service Act: Provided further, That in addition to the 
     transfer authority provided above, a uniform percentage of 
     the amounts appropriated in this Act to

[[Page 23460]]

     each Institute and Center may be transferred and utilized for 
     the National Institutes of Health Roadmap for Medical 
     Research: Provided further, That the amount utilized under 
     the preceding proviso shall not exceed $250,000,000 without 
     prior notification to the Committees on Appropriations of the 
     House of Representatives and the Senate: Provided further, 
     That amounts transferred and utilized under the preceding two 
     provisos shall be in addition to amounts made available for 
     the Roadmap for Medical Research from the Director's 
     Discretionary Fund and to any amounts allocated to activities 
     related to the Roadmap through the normal research priority-
     setting process of individual Institutes and Centers: 
     Provided further, That of the funds provided $10,000 shall be 
     for official reception and representation expenses when 
     specifically approved by the Director of NIH.


                        buildings and facilities

       For the study of, construction of, renovation of, and 
     acquisition of equipment for, facilities of or used by the 
     National Institutes of Health, including the acquisition of 
     real property, $113,626,000, to remain available until 
     expended: Provided, That notwithstanding any other provision 
     of law, single contracts or related contracts, which 
     collectively include the full scope of the project, may be 
     employed for the development and construction of the first 
     and second phases of the John Edward Porter Neuroscience 
     Research Center: Provided further, That the solicitations and 
     contracts shall contain the clause ``availability of funds'' 
     found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration


               Substance Abuse and Mental Health Services

       For carrying out titles V and XIX of the Public Health 
     Service Act (``PHS Act'') with respect to substance abuse and 
     mental health services, the Protection and Advocacy for 
     Individuals with Mental Illness Act, and section 301 of the 
     PHS Act with respect to program management, $3,261,783,000: 
     Provided, That in addition to amounts provided herein, the 
     following amounts shall be available from amounts available 
     under section 241 of the PHS Act: (1) $79,200,000 to carry 
     out subpart II of part B of title XIX of the PHS Act to fund 
     section 1935(b) technical assistance, national data, data 
     collection and evaluation activities, and further that the 
     total available in this Act for section 1935(b) activities 
     shall not exceed 5 percent of the amounts appropriated for 
     subpart II of part B of title XIX; (2) $21,803,000 to carry 
     out subpart I of Part B of title XIX of the PHS Act to fund 
     section 1920(b) technical assistance, national data, data 
     collection and evaluation activities, and further that the 
     total available in this Act for section 1920(b) activities 
     shall not exceed 5 percent of the amounts appropriated for 
     subpart I of Part B of title XIX; (3) $16,000,000 to carry 
     out national surveys on drug abuse; (4) $2,000,000 for mental 
     health data collection; and (5) $4,300,000 to evaluate 
     substance abuse treatment programs.

               Agency for Healthcare Research and Quality


                    Healthcare Research and Quality

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, amounts received from Freedom of Information Act fees, 
     reimbursable and interagency agreements, and the sale of data 
     shall be credited to this appropriation and shall remain 
     available until expended: Provided, That the amount made 
     available pursuant to section 927(c) of the Public Health 
     Service Act shall not exceed $323,695,000: Provided further, 
     That not more than $50,000,000 of these funds shall be for 
     the development of scientific evidence that supports the 
     implementation and evaluation of health care information 
     technology systems.

               Centers for Medicare and Medicaid Services


                     Grants to States for Medicaid

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


                  Payments to Health Care Trust Funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under section 1844, 1860D-16, and 1860D-31 of the 
     Social Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d) of Public Law 97-
     248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $177,822,200,000.
       In addition, for making matching payments under section 
     1844, and benefit payments under 1860D-16 and 1860D-31, of 
     the Social Security Act, not anticipated in budget estimates, 
     such sums as may be necessary.


                           Program Management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $3,203,418,000, to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act and section 
     1857(e)(2) of the Social Security Act, and such sums as may 
     be collected from authorized user fees and the sale of data, 
     which shall remain available until expended: Provided, That 
     all funds derived in accordance with 31 U.S.C. 9701 from 
     organizations established under title XIII of the Public 
     Health Service Act shall be credited to and available for 
     carrying out the purposes of this appropriation: Provided 
     further, That $24,205,000, to remain available until 
     September 30, 2007, is for contract costs for the Centers for 
     Medicare and Medicaid Services Systems Revitalization Plan: 
     Provided further, That $79,934,000, to remain available until 
     September 30, 2007, is for contract costs for the Healthcare 
     Integrated General Ledger Accounting System: Provided 
     further, That funds appropriated under this heading are 
     available for the Healthy Start, Grow Smart program under 
     which the Centers for Medicare and Medicaid Services may, 
     directly or through grants, contracts, or cooperative 
     agreements, produce and distribute informational materials 
     including, but not limited to, pamphlets and brochures on 
     infant and toddler health care to expectant parents enrolled 
     in the Medicaid program and to parents and guardians enrolled 
     in such program with infants and children: Provided further, 
     That the Secretary of Health and Human Services is directed 
     to collect fees in fiscal year 2006 from Medicare Advantage 
     organizations pursuant to section 1857(e)(2) of the Social 
     Security Act and from eligible organizations with risk-
     sharing contracts under section 1876 of that Act pursuant to 
     section 1876(k)(4)(D) of that Act: Provided further, That to 
     the extent Medicare claims volume is projected by the Centers 
     for Medicare and Medicaid Services (CMS) to exceed 
     200,000,000 Part A claims and/or 1,022,100,000 Part B claims, 
     an additional $32,500,000 shall be available for obligation 
     for every 50,000,000 increase in Medicare claims volume 
     (including a pro rata amount for any increment less than 
     50,000,000) from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.


      Health Maintenance Organization Loan and Loan Guarantee Fund

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


              Health Care Fraud and Abuse Control Account

       In addition to amounts otherwise available for program 
     integrity and program management, $80,000,000, to be 
     transferred from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     authorized by section 201(g) of the Social Security Act, of 
     which $75,000,000 is for the Medicare Integrity Program at 
     the Centers for Medicare and Medicaid Services (``CMS'') to 
     conduct oversight of activities authorized in Titles I and II 
     of Public Law 108-173, with oversight activities including 
     those activities listed in 18 U.S.C. 1893(b), and of which 
     $5,000,000 is for the Medicaid program integrity activities, 
     together with not less than $20,000,000 made available to the 
     Secretary by section 1817(k)(3) of the Social Security Act: 
     Provided, That the report required by 18 U.S.C. 1817(k)(5) 
     for fiscal year 2006 shall include measures of the 
     operational efficiency and impact on fraud, waste and abuse 
     in the Medicare and Medicaid programs for the funds provided 
     by this appropriation.

                Administration for Children and Families


  Payments to States for Child Support Enforcement and Family Support 
                                Programs

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

[[Page 23461]]




                   low-income home energy assistance

       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $1,883,000,000.
       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $300,000,000, to remain available 
     until expended: Provided, That these funds are for the 
     unanticipated home energy assistance needs of one or more 
     States, as authorized by section 2604(e) of the Act: Provided 
     further, That the entire amount is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.


                     Refugee and Entrant Assistance

       For necessary expenses for refugee and entrant assistance 
     activities and for costs associated with the care and 
     placement of unaccompanied alien children authorized by title 
     IV of the Immigration and Nationality Act and section 501 of 
     the Refugee Education Assistance Act of 1980 (Public Law 96-
     422), for carrying out section 462 of the Homeland Security 
     Act of 2002 (Public Law 107-296), and for carrying out the 
     Torture Victims Relief Act of 2003 (Public Law 108-179), 
     $552,040,000, of which up to $9,915,000 shall be available to 
     carry out the Trafficking Victims Protection Act of 2003 
     (Public Law 108-193): Provided, That funds appropriated under 
     this heading pursuant to section 414(a) of the Immigration 
     and Nationality Act and section 462 of the Homeland Security 
     Act of 2002 for fiscal year 2006 shall be available for the 
     costs of assistance provided and other activities to remain 
     available through September 30, 2008.
       For an additional amount for the necessary expenses for 
     refugee and entrant assistance activities and for costs 
     associated with the care and placement of unaccompanied 
     children authorized by title IV of the Immigration and 
     Nationality Act, section 501 of the Refugee Education 
     Assistance Act of 1980, and for carrying out section 462 of 
     the Homeland Security Act of 2002, $19,100,000: Provided, 
     That the entire amount is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.


   Payments to States for the Child Care and Development Block Grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), $2,082,910,000 shall be 
     used to supplement, not supplant State general revenue funds 
     for child care assistance for low-income families: Provided, 
     That $19,120,000 shall be available for child care resource 
     and referral and school-aged child care activities, of which 
     $1,000,000 shall be for the Child Care Aware toll free 
     hotline: Provided further, That, in addition to the amounts 
     required to be reserved by the States under section 658G, 
     $272,672,000 shall be reserved by the States for activities 
     authorized under section 658G, of which $100,000,000 shall be 
     for activities that improve the quality of infant and toddler 
     care: Provided further, That $10,000,000 shall be for use by 
     the Secretary for child care research, demonstration, and 
     evaluation activities.


                      Social Services Block Grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000: Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX 
     of such Act shall be 10 percent.


                Children and Families Services Programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act, sections 310 and 
     316 of the Family Violence Prevention and Services Act, as 
     amended, the Native American Programs Act of 1974, title II 
     of Public Law 95-266 (adoption opportunities), the Adoption 
     and Safe Families Act of 1997 (Public Law 105-89), sections 
     1201 and 1211 of the Children's Health Act of 2000, the 
     Abandoned Infants Assistance Act of 1988, sections 261 and 
     291 of the Help America Vote Act of 2002, part B(1) of title 
     IV and sections 413, 429A, 1110, 1115 of the Social Security 
     Act, and sections 40155, 40211, and 40241 of Public Law 103-
     322; for making payments under the Community Services Block 
     Grant Act, sections 439(h), 473A, and 477(i) of the Social 
     Security Act, and title IV of Public Law 105-285, and for 
     necessary administrative expenses to carry out said Acts and 
     titles I, IV, V, X, XI, XIV, XVI, and XX of the Social 
     Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the 
     Omnibus Budget Reconciliation Act of 1981, title IV of the 
     Immigration and Nationality Act, section 501 of the Refugee 
     Education Assistance Act of 1980, sections 40155, 40211, and 
     40241 of Public Law 103-322, and section 126 and titles IV 
     and V of Public Law 100-485, $9,000,832,000, of which 
     $22,846,000, to remain available until September 30, 2007, 
     shall be for grants to States for adoption incentive 
     payments, as authorized by section 473A of title IV of the 
     Social Security Act (42 U.S.C. 670-679) and may be made for 
     adoptions completed before September 30, 2006: Provided, That 
     $6,874,314,000 shall be for making payments under the Head 
     Start Act, of which $1,388,800,000 shall become available 
     October 1, 2006 and remain available through September 30, 
     2007: Provided further, That $708,895,000 shall be for making 
     payments under the Community Services Block Grant Act: 
     Provided further, That not less than $7,492,000 shall be for 
     section 680(3)(B) of the Community Services Block Grant Act: 
     Provided further, That within amounts provided herein for 
     abstinence education for adolescents, up to $10,000,000 may 
     be available for a national abstinence education campaign: 
     Provided further, That in addition to amounts provided 
     herein, $6,000,000 shall be available from amounts available 
     under section 241 of the Public Health Service Act to carry 
     out the provisions of section 1110 of the Social Security 
     Act: Provided further, That to the extent Community Services 
     Block Grant funds are distributed as grant funds by a State 
     to an eligible entity as provided under the Act, and have not 
     been expended by such entity, they shall remain with such 
     entity for carryover into the next fiscal year for 
     expenditure by such entity consistent with program purposes: 
     Provided further, That the Secretary shall establish 
     procedures regarding the disposition of intangible property 
     which permits grant funds, or intangible assets acquired with 
     funds authorized under section 680 of the Community Services 
     Block Grant Act, as amended, to become the sole property of 
     such grantees after a period of not more than 12 years after 
     the end of the grant for purposes and uses consistent with 
     the original grant: Provided further, That funds appropriated 
     for section 680(a)(2) of the Community Services Block Grant 
     Act, as amended, shall be available for financing 
     construction and rehabilitation and loans or investments in 
     private business enterprises owned by community development 
     corporations: Provided further, That $95,000,000 is for a 
     compassion capital fund to provide grants to charitable 
     organizations to emulate model social service programs and to 
     encourage research on the best practices of social service 
     organizations: Provided further, That $14,879,000 shall be 
     for activities authorized by the Help America Vote Act of 
     2002, of which $10,000,000 shall be for payments to States to 
     promote access for voters with disabilities, and of which 
     $4,879,000 shall be for payments to States for protection and 
     advocacy systems for voters with disabilities: Provided 
     further, That $101,000,000 shall be for making competitive 
     grants to provide abstinence education (as defined by section 
     510(b)(2) of the Social Security Act) to adolescents, and for 
     Federal costs of administering the grant: Provided further, 
     That grants under the immediately preceding proviso shall be 
     made only to public and private entities which agree that, 
     with respect to an adolescent to whom the entities provide 
     abstinence education under such grant, the entities will not 
     provide to that adolescent any other education regarding 
     sexual conduct, except that, in the case of an entity 
     expressly required by law to provide health information or 
     services the adolescent shall not be precluded from seeking 
     health information or services from the entity in a different 
     setting than the setting in which abstinence education was 
     provided: Provided further, That within amounts provided 
     herein for abstinence education for adolescents, up to 
     $10,000,000 may be available for a national abstinence 
     education campaign: Provided further, That in addition to 
     amounts provided herein for abstinence education for 
     adolescents, $4,500,000 shall be available from amounts 
     available under section 241 of the Public Health Services Act 
     to carry out evaluations (including longitudinal evaluations) 
     of adolescent pregnancy prevention approaches: Provided 
     further, That $2,000,000 shall be for improving the Public 
     Assistance Reporting Information System, including grants to 
     States to support data collection for a study of the system's 
     effectiveness.


                   Promoting Safe and Stable Families

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


       Payments to States for Foster Care and Adoption Assistance

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

                        Administration on Aging


                        Aging Services Programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and section 398 of 
     the Public Health Service Act, $1,391,699,000, of which 
     $5,500,000 shall be available for activities regarding 
     medication management, screening, and education to prevent 
     incorrect medication and adverse drug reactions.

                        Office of the Secretary


                    General Departmental Management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, XX, and XXI of the Public 
     Health Service Act, the United States-Mexico Border Health 
     Commission Act, and research studies under section 1110 of 
     the Social Security Act, $353,614,000, together with 
     $5,851,000 to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the 
     Hospital Insurance Trust Fund and the Supplemental Medical 
     Insurance Trust Fund, and $39,552,000 from the amounts 
     available under section 241 of the Public Health Service Act 
     to carry out national health or human services research and 
     evaluation activities: Provided, That

[[Page 23462]]

     of the funds made available under this heading for carrying 
     out title XX of the Public Health Service Act, $13,120,000 
     shall be for activities specified under section 2003(b)(2), 
     all of which shall be for prevention service demonstration 
     grants under section 510(b)(2) of title V of the Social 
     Security Act, as amended, without application of the 
     limitation of section 2010(c) of said title XX: Provided 
     further, That of this amount, $52,415,000 shall be for 
     minority AIDS prevention and treatment activities; and 
     $5,952,000 shall be to assist Afghanistan in the development 
     of maternal and child health clinics, consistent with section 
     103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002: 
     Provided further, That specific information requests from the 
     chairmen and ranking members of the Subcommittees on Labor, 
     Health and Human Services, and Education, and Related 
     Agencies, on scientific research or any other matter, shall 
     be transmitted to the Committees on Appropriations in a 
     prompt professional manner and within the time frame 
     specified in the request: Provided further, That scientific 
     information requested by the Committees on Appropriations and 
     prepared by government researchers and scientists shall be 
     transmitted to the Committees on Appropriations, uncensored 
     and without delay.


                Office of Medicare Hearings and Appeals

       For expenses necessary for administrative law judges 
     responsible for hearing cases under title XVIII of the Social 
     Security Act (and related provisiosn of title XI of such 
     Act), $75,000,000, to be transferred in appropriate part from 
     the Federal Hospital Insurance and the Federal Supplementary 
     Medical Insurance Trust Funds.


  Office of the National Coordinator for Health Information Technology

       For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts and cooperative agreements for the 
     development and advancement of an interoperable national 
     health information technology infrastructure, $32,800,000: 
     Provided, That in addition to amounts provided herein, 
     $12,350,000 shall be available from amounts available under 
     section 241 of the Public Health Service Act to carry out 
     health information technology network development.


                      Office of Inspector General

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, as amended, $39,813,000: 
     Provided, That of such amount, necessary sums are available 
     for providing protective services to the Secretary and 
     investigating non-payment of child support cases for which 
     non-payment is a Federal offense under 18 U.S.C. 228: 
     Provided further, That funds transferred to this heading 
     pursuant to section 220 of the Department of Health and Human 
     Services Appropriations Act, 2005, shall remain available 
     until September 30, 2006.


                        Office for Civil Rights

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


     Retirement Pay and Medical Benefits for Commissioned Officers

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


            Public Health and Social Services Emergency Fund

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

                           General Provisions

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated in this Act may be 
     used to implement section 399F(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health, the Agency for Healthcare 
     Research and Quality, and the Substance Abuse and Mental 
     Health Services Administration shall be used to pay the 
     salary of an individual, through a grant or other extramural 
     mechanism, at a rate in excess of Executive Level I.
       Sec. 205. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 206. Notwithstanding section 241(a) of the Public 
     Health Service Act, such portion as the Secretary shall 
     determine, but not more than 2.5 percent, of any amounts 
     appropriated for programs authorized under said Act shall be 
     made available for the evaluation (directly, or by grants or 
     contracts) of the implementation and effectiveness of such 
     programs.


                          (transfer of funds)

       Sec. 207. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended) which are appropriated for 
     the current fiscal year for the Department of Health and 
     Human Services in this Act may be transferred between a 
     program, project, or activity, but no such program, project, 
     or activity shall be increased by more than 3 percent by any 
     such transfer: Provided, That a program, project, or activity 
     may be increased by up to an additional 2 percent subject to 
     approval by the House and Senate Committees on 
     Appropriations: Provided further, That the transfer authority 
     granted by this section shall be available only to meet 
     emergency needs and shall not be used to create any new 
     program or to fund any project or activity for which no funds 
     are provided in this Act: Provided further, That the 
     Appropriations Committees of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.


                          (transfer of funds)

       Sec. 208. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.


                          (transfer of funds)

       Sec. 209. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of the National Institutes of 
     Health and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the Public Health Service Act.
       Sec. 210. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 211. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare Advantage organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 212. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       Sec. 213. (a) Except as provided by subsection (e) none of 
     the funds appropriated by this Act may be used to withhold 
     substance abuse funding from a State pursuant to section 1926 
     of the Public Health Service Act (42 U.S.C. 300x-26) if such 
     State certifies to the Secretary of Health and Human Services 
     by May 1, 2006 that the State will commit additional State 
     funds, in accordance with subsection (b), to ensure 
     compliance with State laws prohibiting the sale of tobacco 
     products to individuals under 18 years of age.
       (b) The amount of funds to be committed by a State under 
     subsection (a) shall be equal to 1 percent of such State's 
     substance abuse block grant allocation for each percentage 
     point by which the State misses the retailer compliance rate 
     goal established by the Secretary of Health and Human 
     Services under section 1926 of such Act.
       (c) The State is to maintain State expenditures in fiscal 
     year 2006 for tobacco prevention programs and for compliance 
     activities at a level that is not less than the level of such 
     expenditures maintained by the State for fiscal year

[[Page 23463]]

     2005, and adding to that level the additional funds for 
     tobacco compliance activities required under subsection (a). 
     The State is to submit a report to the Secretary on all 
     fiscal year 2005 State expenditures and all fiscal year 2006 
     obligations for tobacco prevention and compliance activities 
     by program activity by July 31, 2006.
       (d) The Secretary shall exercise discretion in enforcing 
     the timing of the State obligation of the additional funds 
     required by the certification described in subsection (a) as 
     late as July 31, 2006.
       (e) None of the funds appropriated by this Act may be used 
     to withhold substance abuse funding pursuant to section 1926 
     from a territory that receives less than $1,000,000.
       Sec. 214. In order for the Centers for Disease Control and 
     Prevention to carry out international health activities, 
     including HIV/AIDS and other infectious disease, chronic and 
     environmental disease, and other health activities abroad 
     during fiscal year 2006, the Secretary of Health and Human 
     Services--
       (1) may exercise authority equivalent to that available to 
     the Secretary of State in section 2(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). 
     The Secretary of Health and Human Services shall consult with 
     the Secretary of State and relevant Chief of Mission to 
     ensure that the authority provided in this section is 
     exercised in a manner consistent with section 207 of the 
     Foreign Service Act of 1980 (22 U.S.C. 3927) and other 
     applicable statutes administered by the Department of State, 
     and
       (2) is authorized to provide such funds by advance or 
     reimbursement to the Secretary of State as may be necessary 
     to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of the Department of Health and 
     Human Services. The Department of State shall cooperate fully 
     with the Secretary of Health and Human Services to ensure 
     that the Department of Health and Human Services has secure, 
     safe, functional facilities that comply with applicable 
     regulation governing location, setback, and other facilities 
     requirements and serve the purposes established by this Act. 
     The Secretary of Health and Human Services is authorized, in 
     consultation with the Secretary of State, through grant or 
     cooperative agreement, to make available to public or 
     nonprofit private institutions or agencies in participating 
     foreign countries, funds to acquire, lease, alter, or 
     renovate facilities in those countries as necessary to 
     conduct programs of assistance for international health 
     activities, including activities relating to HIV/AIDS and 
     other infectious diseases, chronic and environmental 
     diseases, and other health activities abroad.
       Sec. 215. The Division of Federal Occupational Health 
     hereafter may utilize personal services contracting to employ 
     professional management/administrative and occupational 
     health professionals.
       Sec. 216. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of the National Institutes of 
     Health may use funds available under section 402(i) of the 
     Public Health Service Act (42 U.S.C. 282(i)) to enter into 
     transactions (other than contracts, cooperative agreements, 
     or grants) to carry out research in support of the NIH 
     Roadmap for Medical Research.
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director of the National Institutes of 
     Health may utilize such peer review procedures (including 
     consultation with appropriate scientific experts) as the 
     Director determines to be appropriate to obtain assessments 
     of scientific and technical merit. Such procedures shall 
     apply to such transactions in lieu of the peer review and 
     advisory council review procedures that would otherwise be 
     required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
     406(a)(3)(A), 492, and 494 of the Public Health Service Act 
     (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, 
     and 289c).
       Sec. 217. Funds which are available for Individual Learning 
     Accounts for employees of the Centers for Disease Control and 
     Prevention and the Agency for Toxic Substances and Disease 
     Registry may be transferred to ``Disease Control, Research, 
     and Training'', to be available only for Individual Learning 
     Accounts: Provided, That such funds may be used for any 
     individual full-time equivalent employee while such employee 
     is employed either by CDC or ATSDR.
       Sec. 218. Notwithstanding any other provisions of law, 
     funds made available in this Act may be used to continue 
     operating the Council on Graduate Medical Education 
     established by section 301 of Public Law 102-408.


                         (rescission of funds)

       Sec. 219. The unobligated balance in the amount of 
     $10,000,000 appropriated by Public Law 108-11 under the 
     heading ``Public Health and Social Services Emergency Fund'' 
     are rescinded.


                         (rescission of funds)

       Sec. 220. $15,912,000 of the unobligated balance of the 
     Health Professions Student Loan program authorized in subpart 
     II, Federally-Supported Student Loan Funds, of title VII of 
     the Public Health Service Act are rescinded.
       Sec. 221. Funds appropriated for State Pharmaceutical 
     Assistance Programs in Public Law 108-173 for fiscal year 
     2005 shall remain available through fiscal year 2006.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2006''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965 (``ESEA'') and section 418A of the 
     Higher Education Act of 1965, $14,525,135,000, of which 
     $6,935,826,000 shall become available on July 1, 2006, and 
     shall remain available through September 30, 2007, and of 
     which $7,383,301,000 shall become available on October 1, 
     2006, and shall remain available through September 30, 2007 
     for academic year 2006-2007: Provided, That $6,934,854,000 
     shall be for basic grants under section 1124: Provided 
     further, That up to $3,472,000 of these funds shall be 
     available to the Secretary of Education on October 1, 2005, 
     to obtain annually updated educational-agency-level census 
     poverty data from the Bureau of the Census: Provided further, 
     That $1,365,031,000 shall be for concentration grants under 
     section 1124A: Provided further, That $2,269,843,000 shall be 
     for targeted grants under section 1125: Provided further, 
     That $2,269,843,000 shall be for education finance incentive 
     grants under section 1125A: Provided further, That $9,424,000 
     shall be to carry out part E of title I.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, 
     $1,240,862,000, of which $1,102,896,000 shall be for basic 
     support payments under section 8003(b), $49,966,000 shall be 
     for payments for children with disabilities under section 
     8003(d), $18,000,000 shall be for construction under section 
     8007 and shall remain available through September 30, 2007, 
     $65,000,000 shall be for Federal property payments under 
     section 8002, and $5,000,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     8008: Provided, That for purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     section 8003(a) of the Elementary and Secondary Education Act 
     (20 U.S.C. 7703(a)) for school year 2005-2006, children 
     enrolled in a school of such agency that would otherwise be 
     eligible for payment under section 8003(a)(1)(B) of such Act, 
     but due to the deployment of both parents or legal guardians, 
     or a parent or legal guardian having sole custody of such 
     children, or due to the death of a military parent or legal 
     guardian while on active duty (so long as such children 
     reside on Federal property as described in section 
     8003(a)(1)(B)), are no longer eligible under such section, 
     shall be considered as eligible students under such section, 
     provided such students remain in average daily attendance at 
     a school in the same local educational agency they attended 
     prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by title II, part B of title IV, part A and subparts 6 and 9 
     of part D of title V, parts A and B of title VI, and parts B 
     and C of title VII of the Elementary and Secondary Education 
     Act of 1965 (``ESEA''); the McKinney-Vento Homeless 
     Assistance Act; section 203 of the Educational Technical 
     Assistance Act of 2002; the Compact of Free Association 
     Amendments Act of 2003; and the Civil Rights Act of 1964, 
     $5,457,953,000, of which $3,821,042,000 shall become 
     available on July 1, 2006, and remain available through 
     September 30, 2007, and of which $1,435,000,000 shall become 
     available on October 1, 2006, and shall remain available 
     through September 30, 2007, for academic year 2006-2007: 
     Provided, That funds made available to carry out part B of 
     title VII of the ESEA may be used for construction, 
     renovation and modernization of any elementary school, 
     secondary school, or structure related to an elementary 
     school or secondary school, run by the Department of 
     Education of the State of Hawaii, that serves a predominantly 
     Native Hawaiian student body: Provided further, That from the 
     funds referred to in the preceding proviso, not less than 
     $1,250,000 shall be for a grant to the Department of 
     Education of the State of Hawaii for the activities described 
     in such proviso, and $1,250,000 shall be for a grant to the 
     University of Hawaii School of Law for a Center of Excellence 
     in Native Hawaiian law: Provided further, That funds made 
     available to carry out part C of title VII of the ESEA may be 
     used for construction: Provided further, That $411,680,000 
     shall be for State assessments and related activities 
     authorized under sections 6111 and 6112 of the ESEA: Provided 
     further, That $56,825,000 shall be available to carry out 
     section 203 of the Educational Technical Assistance Act of 
     2002: Provided further, That $36,022,000 shall be available 
     to carry out part D of title V of the ESEA: Provided further, 
     That no funds appropriated under this heading may be used to 
     carry out section 5494 under the ESEA: Provided further, That 
     $12,132,000 shall be available to carry out the Supplemental 
     Education Grants program for the Federated States of 
     Micronesia, and $6,051,000 shall be available to carry out 
     the Supplemental Education Grants program for the Republic of 
     the Marshall Islands: Provided further, That up to 5 percent 
     of these amounts may be reserved by the Federated States of 
     Micronesia and the Republic of the Marshall Islands to 
     administer the Supplemental Education Grants programs and to 
     obtain technical assistance, oversight and consultancy 
     services in the administration of these grants and to 
     reimburse the United States Departments of Labor, Health and 
     Human Services, and Education for such services.

                            Indian Education

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

[[Page 23464]]



                       Innovation and Improvement

       For carrying out activities authorized by part G of title 
     I, subpart 5 of part A and parts C and D of title II, parts 
     B, C, and D of title V, and section 1504 of the Elementary 
     and Secondary Education Act of 1965 (``ESEA''), 
     $1,057,385,000: Provided, That $10,000,000 shall be available 
     to carry out section 2151(c) of the ESEA through an award to 
     the National Board for Professional Teaching Standards: 
     Provided further, That from funds for subpart 4, part C of 
     title II, up to 3 percent shall be available to the Secretary 
     for technical assistance and dissemination of information: 
     Provided further, That $417,924,000 shall be available to 
     carry out part D of title V of the ESEA.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by subpart 3 of part 
     C of title II, part A of title IV, and subparts 2, 3 and 10 
     of part D of title V of the Elementary and Secondary 
     Education Act of 1965 (``ESEA''), $697,300,000, of which 
     $300,000,000 shall become available on July 1, 2006 and 
     remain available through September 30, 2007: Provided, That 
     of the amount available for subpart 2 of part A of title IV 
     of the ESEA, $850,000 shall be used to continue the National 
     Recognition Awards program under the same guidelines outlined 
     by section 120(f) of Public Law 105-244: Provided further, 
     That $300,000,000 shall be available for subpart 1 of part A 
     of title IV and $232,807,000 shall be available for subpart 2 
     of part A of title IV: Provided further, That $134,493,000 
     shall be available to carry out part D of title V of the 
     ESEA: Provided further, That of the funds available to carry 
     out subpart 3 of part C of title II, up to $12,440,000 may be 
     used to carry out section 2345 and $3,087,000 shall be used 
     by the Center for Civic Education to implement a 
     comprehensive program to improve public knowledge, 
     understanding, and support of the Congress and the State 
     legislatures.

                      English Language Acquisition

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

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act, $11,774,107,000, of which $6,145,104,000 shall 
     become available on July 1, 2006, and shall remain available 
     through September 30, 2007, and of which $5,424,200,000 shall 
     become available on October 1, 2006, and shall remain 
     available through September 30, 2007, for academic year 2006-
     2007: Provided, That $12,000,000 shall be for Recording for 
     the Blind and Dyslexic, Inc., to support the development, 
     production, and circulation of recorded educational 
     materials: Provided further, That $1,500,000 shall be for the 
     recipient of funds provided by Public Law 105-78 under 
     section 687(b)(2)(G) of the Act (as in effect prior to the 
     enactment of the Individuals with Disabilities Education 
     Improvement Act of 2004) to provide information on diagnosis, 
     intervention, and teaching strategies for children with 
     disabilities: Provided further, That the amount for section 
     611(b)(2) of the Act shall be equal to the amount available 
     for that activity during fiscal year 2005, increased by the 
     amount of inflation as specified in section 619(d)(2)(B) of 
     the Act.

            Rehabilitation Services and Disability Research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Assistive Technology Act of 
     1998 (``the AT Act''), and the Helen Keller National Center 
     Act, $3,133,638,000, of which $1,000,000 shall be awarded to 
     the American Academy of Orthotists and Prosthetists for 
     activities that further the purposes of the grant received by 
     the Academy for the period beginning October 1, 2003, 
     including activities to meet the demand for orthotic and 
     prosthetic provider services and improve patient care: 
     Provided, That $34,760,000 shall be used for carrying out the 
     AT Act, including $4,500,000 for State grants for protection 
     and advocacy under section 5 of the AT Act and $3,760,000 
     shall be for alternative financing programs under section 
     4(b)(2)(D) of the AT Act: Provided further, That the Federal 
     share of grants for alternative financing programs shall not 
     exceed 75 percent, and the requirements in section 301(c)(2) 
     and section 302 of the AT Act (as in effect on the day before 
     the date of enactment of the Assistive Technology Act of 
     2004) shall not apply to such grants.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, as amended (20 
     U.S.C. 101 et seq.), $18,500,000.


               National Technical Institute for the Deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $57,279,000, of which $800,000 shall be 
     for construction and shall remain available until expended: 
     Provided, That from the total amount available, the Institute 
     may at its discretion use funds for the endowment program as 
     authorized under section 207.


                          Gallaudet University

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $108,500,000: Provided, That from the total amount available, 
     the University may at its discretion use funds for the 
     endowment program as authorized under section 207.

                     Vocational and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Technical Education Act of 
     1998, the Adult Education and Family Literacy Act, title 
     VIII-D of the Higher Education Amendments of 1998, and 
     subpart 11 of part D of title V of the Elementary and 
     Secondary Education Act of 1965 (``ESEA''), $1,923,766,000, 
     of which $1,127,806,000 shall become available on July 1, 
     2006 and shall remain available through September 30, 2007 
     and of which $791,000,000 shall become available on October 
     1, 2006 and shall remain available through September 30, 
     2007: Provided, That of the amount provided for Adult 
     Education State Grants, $68,582,000 shall be made available 
     for integrated English literacy and civics education services 
     to immigrants and other limited English proficient 
     populations: Provided further, That of the amount reserved 
     for integrated English literacy and civics education, 
     notwithstanding section 211 of the Adult Education and Family 
     Literacy Act, 65 percent shall be allocated to States based 
     on a State's absolute need as determined by calculating each 
     State's share of a 10-year average of the Immigration and 
     Naturalization Service data for immigrants admitted for legal 
     permanent residence for the 10 most recent years, and 35 
     percent allocated to States that experienced growth as 
     measured by the average of the 3 most recent years for which 
     Immigration and Naturalization Service data for immigrants 
     admitted for legal permanent residence are available, except 
     that no State shall be allocated an amount less than $60,000: 
     Provided further, That of the amounts made available for the 
     Adult Education and Family Literacy Act, $9,096,000 shall be 
     for national leadership activities under section 243 and 
     $6,638,000 shall be for the National Institute for Literacy 
     under section 242: Provided further, That $4,960,000 shall be 
     available to carry out part D of title V of the ESEA: 
     Provided further, That $24,000,000 shall be for Youth 
     Offender Grants.

                      Student Financial Assistance

       For carrying out subparts 1, 3 and 4 of part A, part C and 
     part E of title IV of the Higher Education Act of 1965, as 
     amended, $15,103,795,000, which shall remain available 
     through September 30, 2007.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2006-2007 shall be $4,050.

                       Student Aid Administration

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

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, and VII of the Higher Education 
     Act of 1965 (``HEA''), as amended, the Mutual Educational and 
     Cultural Exchange Act of 1961, title VIII of the Higher 
     Education Amendments of 1998, and section 117 of the Carl D. 
     Perkins Vocational and Technical Education Act, 
     $2,104,508,000: Provided, That $9,797,000, to remain 
     available through September 30, 2007, shall be available to 
     fund fellowships for academic year 2007-2008 under part A, 
     subpart 1 of title VII of said Act, under the terms and 
     conditions of part A, subpart 1: Provided further, That 
     notwithstanding any other provision of law or any regulation, 
     the Secretary of Education shall not require the use of a 
     restricted indirect cost rate for grants issued pursuant to 
     section 117 of the Carl D. Perkins Vocational and Technical 
     Education Act of 1998: Provided further, That $980,000 is for 
     data collection and evaluation activities for programs under 
     the HEA, including such activities needed to comply with the 
     Government Performance and Results Act of 1993: Provided 
     further, That notwithstanding any other provision of law, 
     funds made available in this Act to carry out title VI of the 
     HEA and section 102(b)(6) of the Mutual Educational and 
     Cultural Exchange Act of 1961 may be used to support visits 
     and study in foreign countries by individuals who are 
     participating in advanced foreign language training and 
     international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development: 
     Provided further, That of the funds referred to in the 
     preceding proviso up to 1 percent may be used for program 
     evaluation, national outreach, and information dissemination 
     activities: Provided further, That the funds provided for 
     title II of the HEA shall be allocated notwithstanding 
     section 210 of such Act.

                           Howard University

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $238,789,000, of which not less than $3,600,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.

     College Housing and Academic Facilities Loans Program Account

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

[[Page 23465]]



  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, as amended, the National 
     Assessment of Educational Progress Authorization Act, section 
     208 of the Educational Technical Assistance Act of 2002, and 
     section 664 of the Individuals with Disabilities Education 
     Act, $522,695,000, of which $271,560,000 shall be available 
     until September 30, 2007.

                        Departmental Management


                         Program Administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $418,992,000.


                        Office for Civil Rights

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


                    Office of the Inspector General

       For expenses necessary for the Office of the Inspector 
     General, as authorized by section 212 of the Department of 
     Education Organization Act, $49,408,000.

                           General Provisions

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


                          (transfer of funds)

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

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled


                         Salaries and Expenses

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

             Corporation for National and Community Service


        Domestic Volunteer Service Programs, Operating Expenses

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


      National and Community Service Programs, Operating Expenses

                     (INCLUDING TRANSFER OF FUNDS)

       For necessary expenses for the Corporation for National and 
     Community Service (the ``Corporation'') in carrying out 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 
     et seq.), $546,243,000, to remain available until September 
     30, 2007: Provided, That not more than $280,000,000 of the 
     amount provided under this heading shall be available for 
     grants under the National Service Trust Program authorized 
     under subtitle C of title I of the Act (42 U.S.C. 12571 et 
     seq.) (relating to activities of the AmeriCorps program), 
     including grants to organizations operating projects under 
     the AmeriCorps Education Awards Program (without regard to 
     the requirements of sections 121(d) and (e), section 131(e), 
     section 132, and sections 140(a), (d), and (e) of the Act: 
     Provided further, That not less than $149,000,000 of the 
     amount provided under this heading, to remain available 
     without fiscal year limitation, shall be transferred to the 
     National Service Trust for educational awards authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601), of 
     which up to $4,000,000 shall be available to support national 
     service scholarships for high school students performing 
     community service, and of which $10,000,000 shall be held in 
     reserve as defined in Public Law 108-45: Provided further, 
     That in addition to amounts otherwise provided to the 
     National Service Trust under the second proviso, the 
     Corporation may transfer funds from the amount provided under 
     the first proviso, to the National Service Trust authorized 
     under subtitle D of title I of the Act (42 U.S.C. 12601) upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to Congress: Provided further, That of the 
     amount provided under this heading for grants under the 
     National Service Trust program authorized under subtitle C of 
     title I of the Act, not more than $55,000,000 may be used to 
     administer, reimburse, or support any national service 
     program authorized under section 121(d)(2) of such Act (42 
     U.S.C. 12581(d)(2)): Provided further, That not more than 
     $15,945,000 shall be available for quality and innovation 
     activities authorized under subtitle H of title I of the Act 
     (42 U.S.C. 12853 et seq.): Provided further, That 
     notwithstanding subtitle H of title I of the Act (42 U.S.C. 
     12853), none of the funds provided under the previous proviso 
     shall be used to support salaries and related expenses 
     (including travel) attributable to Corporation employees: 
     Provided further, That to the maximum extent feasible, funds 
     appropriated under subtitle C of title I of the Act shall be 
     provided in a manner that is consistent with the 
     recommendations of peer review panels in order to ensure that 
     priority is given to programs that demonstrate quality, 
     innovation, replicability, and sustainability: Provided 
     further, That $27,000,000 of the funds made available under 
     this heading shall be available for the Civilian Community 
     Corps authorized under subtitle E of title I of the Act (42 
     U.S.C. 12611 et seq.): Provided further, That $42,656,000 
     shall be available for school-based and community-based 
     service-learning programs authorized under subtitle B of 
     title I of the Act (42 U.S.C. 12521 et seq.): Provided 
     further, That $4,000,000 shall be available for audits and 
     other evaluations authorized under section 179 of the Act (42 
     U.S.C. 12639): Provided further, That $10,000,000 of the 
     funds made available under this heading shall be made 
     available for the Points of Light Foundation for activities 
     authorized under title III of the Act (42 U.S.C. 12661 et 
     seq.), of which not more than $2,500,000 may be used to 
     support an endowment fund, the corpus of which shall remain 
     intact and the interest income from which shall be used to 
     support activities described in title III of the Act, 
     provided that the Foundation may invest the corpus and income 
     in federally insured bank savings accounts or comparable 
     interest bearing accounts, certificates of deposit, money 
     market funds, mutual funds, obligations of the United States, 
     and other market instruments and securities but not in real 
     estate investments: Provided further, That no funds shall be 
     available for national service programs run by Federal 
     agencies authorized under section 121(b) of such Act (42 
     U.S.C. 12571(b)): Provided further, That $5,000,000 of the 
     funds made available under this heading shall be made 
     available to America's Promise--The Alliance for Youth, Inc.: 
     Provided further, That to the maximum extent practicable, the 
     Corporation shall increase significantly the level of 
     matching funds and in-kind contributions provided by the 
     private sector, and shall reduce the total Federal costs per 
     participant in all programs: Provided further, That 
     notwithstanding section 501(a)(4) of the Act, of the funds 
     provided under

[[Page 23466]]

     this heading, not more than $12,642,000 shall be made 
     available to provide assistance to state commissions on 
     national and community service under section 126(a) of the 
     Act: Provided further, That the Corporation may use up to 1 
     percent of program grant funds made available under this 
     heading to defray its costs of conducting grant application 
     reviews, including the use of outside peer reviewers.


                         SALARIES AND EXPENSES

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


                      OFFICE OF INSPECTOR GENERAL

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


                       ADMINISTRATIVE PROVISIONS

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

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2007, $400,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex: Provided further, That for fiscal 
     year 2006, in addition to the amounts provided above, 
     $35,000,000 shall be for costs related to digital program 
     production, development, and distribution, associated with 
     the transition of public broadcasting to digital 
     broadcasting, to be awarded as determined by the Corporation 
     in consultation with public radio and television licensees or 
     permittees, or their designated representatives: Provided 
     further, That for fiscal year 2006, in addition to the 
     amounts provided above, $40,000,000 shall be for the costs 
     associated with replacement and upgrade of the public 
     television interconnection system: Provided further, That 
     none of the funds made available to the Corporation for 
     Public Broadcasting by this Act, Public Law 108-199 or Public 
     Law 108-7, shall be used to support the Television Future 
     Fund or any similar purpose.

               Federal Mediation and Conciliation Service


                         Salaries and Expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     for expenses necessary for the Labor-Management Cooperation 
     Act of 1978 (29 U.S.C. 175a); and for expenses necessary for 
     the Service to carry out the functions vested in it by the 
     Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 
     71), $43,439,000, including $500,000, to remain available 
     through September 30, 2007, for activities authorized by the 
     Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): 
     Provided, That notwithstanding 31 U.S.C. 3302, fees charged, 
     up to full-cost recovery, for special training activities and 
     other conflict resolution services and technical assistance, 
     including those provided to foreign governments and 
     international organizations, and for arbitration services 
     shall be credited to and merged with this account, and shall 
     remain available until expended: Provided further, That fees 
     for arbitration services shall be available only for 
     education, training, and professional development of the 
     agency workforce: Provided further, That the Director of the 
     Service is authorized to accept and use on behalf of the 
     United States gifts of services and real, personal, or other 
     property in the aid of any projects or functions within the 
     Director's jurisdiction.

            Federal Mine Safety and Health Review Commission


                         Salaries and Expenses

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

                Institute of Museum and Library Services


    Office of Museum and Library Services: Grants and Administration

       For carrying out the Museum and Library Services Act of 
     1996, $290,129,000, to remain available until expended.

                  Medicare Payment Advisory Commission


                         salaries and expenses

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

        National Commission on Libraries and Information Science


                         Salaries and Expenses

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

                     National Council on Disability


                         Salaries and Expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $3,344,000.

                     National Labor Relations Board


                         Salaries and Expenses

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

                        National Mediation Board


                         Salaries and Expenses

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

            Occupational Safety and Health Review Commission


                         Salaries and Expenses

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

                       Railroad Retirement Board


                     Dual Benefits Payments Account

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


          Federal Payments to the Railroad Retirement Accounts

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


                      Limitation on Administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $102,543,000, to be 
     derived in such amounts as determined by the

[[Page 23467]]

     Board from the railroad retirement accounts and from moneys 
     credited to the railroad unemployment insurance 
     administration fund.


             Limitation on the Office of Inspector General

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $7,196,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the funds made available in any other 
     paragraph of this Act may be transferred to the Office; used 
     to carry out any such transfer; used to provide any office 
     space, equipment, office supplies, communications facilities 
     or services, maintenance services, or administrative services 
     for the Office; used to pay any salary, benefit, or award for 
     any personnel of the Office; used to pay any other operating 
     expense of the Office; or used to reimburse the Office for 
     any service provided, or expense incurred, by the Office: 
     Provided further, That funds made available under the heading 
     in this Act, or subsequent Departments of Labor, Health and 
     Human Services, and Education, and Related Agencies 
     Appropriations Acts, may be used for any audit, 
     investigation, or review of the Medicare program.

                     Social Security Administration


                Payments to Social Security Trust Funds

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


                  Supplemental Security Income Program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $29,510,574,000, to 
     remain available until expended: Provided, That, 
     notwithstanding the provisions of section 708(a) of the 
     Social Security Act (42 U.S.C. 908(a)), the day designated 
     for delivery of benefit payments under title XVI of such Act 
     for October 2006 shall be the second day of such month: 
     Provided further, That any portion of the funds provided to a 
     State in the current fiscal year and not obligated by the 
     State during that year shall be returned to the Treasury.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2007, 
     $11,110,000,000, to remain available until expended.


                 Limitation on Administrative Expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $15,000 for official 
     reception and representation expenses, not more than 
     $9,020,400,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $2,000,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances of funds 
     provided under this paragraph at the end of fiscal year 2006 
     not needed for fiscal year 2006 shall remain available until 
     expended to invest in the Social Security Administration 
     information technology and telecommunications hardware and 
     software infrastructure, including related equipment and non-
     payroll administrative expenses associated solely with this 
     information technology and telecommunications infrastructure: 
     Provided further, That reimbursement to the trust funds under 
     this heading for expenditures for official time for employees 
     of the Social Security Administration pursuant to section 
     7131 of title 5, United States Code, and for facilities or 
     support services for labor organizations pursuant to 
     policies, regulations, or procedures referred to in section 
     7135(b) of such title shall be made by the Secretary of the 
     Treasury, with interest, from amounts in the general fund not 
     otherwise appropriated, as soon as possible after such 
     expenditures are made: Provided further, That funds provided 
     under this paragraph may be used to complete the processing 
     of appeals received prior to July 1, 2005 under section 1852 
     and 1869 of the Social Security Act, notwithstanding section 
     931(b) of Public Law 108-173, and the Commissioner of the 
     Social Security Administration may enter into a reimbursable 
     agreement with the Secretary of Health and Human Services to 
     process such appeals received after June 30, 2005 and prior 
     to October 1, 2005.
       From funds provided under the first paragraph, not less 
     than $412,000,000 shall be available for conducting 
     continuing disability reviews under titles II and XVI of the 
     Social Security Act.
       In addition to amounts made available above, and subject to 
     the same terms and conditions, $189,000,000, for additional 
     continuing disability reviews, pursuant to section 404(b)(1) 
     of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       In addition, $119,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such section 1616(d) or 212(b)(3) in 
     fiscal year 2006 exceed $119,000,000, the amounts shall be 
     available in fiscal year 2007 only to the extent provided in 
     advance in appropriations Acts.
       In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act (Public Law 108-203), which shall remain 
     available until expended.


                      Office of Inspector General

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $26,000,000, together with not to exceed 
     $67,000,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House and Senate.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Salaries and expenses, Federal Mediation and Conciliation 
     Service''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``Salaries and expenses, National Mediation 
     Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated in this Act shall be used to carry out 
     any program of distributing sterile needles or syringes for 
     the hypodermic injection of any illegal drug.
       Sec. 506. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 507. (a) None of the funds appropriated in this Act, 
     and none of the funds in any trust fund to which funds are 
     appropriated in this Act, shall be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 508. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a

[[Page 23468]]

     State, locality, entity, or private person of State, local, 
     or private funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds appropriated in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     requires any health care professional to provide, assist in 
     the performance of, or train others to perform abortions, in 
     violation of that individual's religious beliefs or moral 
     convictions.
       (2) None of the funds appropriated in this Act shall be 
     used by a Federal agency or program, or by a State or local 
     government to require any hospital to perform or assist in 
     the performance of an abortion, to train for, or to make its 
     facilities available for the performance of an abortion, in 
     violation of that institution's religious beliefs or moral 
     convictions.
       (3) Nothing in this section shall be construed to preempt 
     or overrule any provision of Title X, Medicaid, or Emergency 
     Medical Treatment and Active Labor Act (EMTALA) statutes or 
     any regulation issued thereunder which requires discussing or 
     providing all medically appropriate information, services, or 
     referring for services.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 510. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established by section 202 
     of the Controlled Substances Act (21 U.S.C. 812).
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 511. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 512. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.
       Sec. 513. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 514. None of the funds appropriated in this Act may be 
     used to enter into an arrangement under section 7(b)(4) of 
     the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) 
     with a nongovernmental financial institution to serve as 
     disbursing agent for benefits payable under the Railroad 
     Retirement Act of 1974.
       Sec. 515. (a) None of the funds provided in this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2006, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees.
       None of the funds made available by this Act may be 
     reprogrammed unless the Appropriations Committees of both 
     Houses of Congress are notified 15 days in advance of a 
     reprogramming or announcement of intent to reprogram funds, 
     whichever occurs earlier.
       (b) None of the funds provided in this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2006, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress; 
     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of a reprogramming 
     or announcement of intent to reprogram funds, whichever 
     occurs earlier.
       Sec. 516. None of the funds made available in this Act may 
     be used to reimburse, or provide reimbursement for drugs 
     approved to treat erectile dysfunction.
       This Act may be cited as the ``Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2006''.

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
committee-reported substitute is agreed to and considered as original 
text for the purpose of further amendment.
  The committee amendment in the nature of a substitute was agreed to.
  The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania is 
recognized.
  Mr. SPECTER. Mr. President, at the outset, I thank the distinguished 
majority leader for calling this bill to the floor. In the past, we 
have had difficulties scheduling the Labor-HHS bill. Sometimes this 
very important appropriations bill has not received full Senate action. 
So I thank Senator Frist for arranging the business of the Senate to 
take up this bill.
  I also thank the majority leader for his exhortation of Members to be 
organized, to bring their amendments to the floor. This is a very 
complicated bill and one where we expect a great many amendments. One 
of the institutional problems of the Senate has been that when a bill 
is pending, the Senators do not come forward promptly with amendments 
to move the bill along. For countless hours, we have sat on this floor 
with the two lights on in a quorum call, which is our technical way of 
saying, you do not have a quorum of Senators on the floor, a majority; 
but what it really is, is a delaying practice, when there is nobody 
present to carry forward the business of the Senate.
  In consultation with the majority leader, I announced last night, 
while a majority of the Senators were present, that we were going to be 
pressing ahead on amendments, and that I was going to urge the leader 
to go to third reading, which is a technical word for final passage, if 
amendments were not offered.
  Senator Harkin, the distinguished ranking member, whom I thank for 
his cooperation on this bill--he and I sent out a letter stating the 
same thing. The scourge of the Senate is the quorum call, where we do 
not transact the business of the Senate. But when this bill moves into 
next week, there will be a press by the managers--by Senator Harkin and 
myself--to move to third reading or final passage, if Senators do not 
come forward to present their amendments.
  Mr. President, this bill contains the largest appropriation of any 
bill to come before the Senate, including the Defense bill. It calls 
for expenditures in excess of $604 billion. That includes the payments 
for Supplemental Security Income payments at the Social Security 
Administration, Medicaid, and Medicare. When it comes down to the 
discretionary spending, this bill contains $145,693,000,000.
  It is an extraordinarily difficult bill to structure because it 
involves three of the most important Departments of the Federal 
Government: Health, Education, and Labor. When we talk about health and 
education, we talk about the two greatest capital assets our

[[Page 23469]]

country has. Without health, we cannot function. Without education, 
people cannot move ahead to attain their potential. So we are talking 
about rock bed issues of great importance to the American people.
  The Department of Labor funding, similarly, is very important, 
providing for workers' safety, for the arbitration and adjudication of 
disputes between management and labor, to have a cohesive workforce and 
labor peace, which is indispensable to move ahead on the work of our 
country.
  We have an extraordinary staff in Bettilou Taylor and Jim Sourwine on 
the majority side, and Ellen Murray on the minority side--a staff which 
is veteran and experienced, having served for more than a decade with 
great expertise in the field.
  Senator Harkin and I have worked on a bipartisan basis. Very 
frequently, you see clash and clamor and arguments and distension and 
disagreement and bickering. That does not happen with the work of this 
subcommittee. We have changed the gavel. When it passes from his hands 
to mine, or mine to his and back, it is a seamless transfer because we 
have a common objective and we work together.
  But that does not assist us very much when we take a look at the kind 
of funding we have in our tight subcommittee allocation. When you have 
$145 billion to work with and the many lines which must be funded, it 
just does not go very far. There is a great concern about Federal 
expenditures, and it is a justified concern. We do spend too much 
money. Our deficit is too high, and our national debt is too high. But 
it is a matter of establishing priorities.
  In my judgment, having been in this body, now in my 25th year, and 
being on the Appropriations Committee for all of those years, the 
priorities ought to be directed differently. When you talk about health 
and education, the two fundamental capital assets in our society and 
our daily lives, the funding is simply inadequate. Nevertheless, with 
the professionalism of our staffs and with the work Senator Harkin and 
our Full Committee Chairman Senator Cochran, along with the cooperation 
of all other members of the Senate, we have amalgamated all of their 
priorities into this bill.
  The highlights of the bill have been summarized in a comprehensive 
statement prepared by Bettilou Taylor. In the course of this relatively 
brief presentation, I will summarize the highlights. This budget 
contains $29.4 billion for the National Institutes of Health which is 
$1.050 billion over last year's budget. This is a tough item to 
increase by more than $1 billion, but we have done it with a very sharp 
pencil. We have done it because the National Institutes of Health has 
the greatest opportunity to improve the health of Americans. During the 
tenure that Senator Harkin and I have chaired this subcommittee, we 
have increased funding from $12 to $28 billion. Now we are trying to 
push it up to 29-plus because of the enormous advances which have been 
made in medical science as a result of what NIH has done.
  There is great attention paid to cancer--appropriately so--and to 
heart disease--again appropriately so--and to Alzheimer's, and 
Parkinson's. But there are many lesser known diseases which have a 
tremendous impact. Chairing this subcommittee has put me in the 
position of being the recipient of calls from many people who are 
concerned about so-called orphan diseases which may affect a relatively 
small number of people but are very important. These diseases are worth 
articulating.
  I doubt that our C-SPAN 2 audience is very extensive on a Friday 
morning--it is 6:48 A.M. in California--but when people listen and hear 
some concern about their particular ailment, it is quite a 
psychological boost. I will take a minute or two and run through the 
diseases NIH is working on: autism; stroke; obesity; Alzheimer's; 
Parkinson's; spinal muscular atrophy; scleroderma; amyotrophic lateral 
sclerosis, which is Lou Gehrig's disease; muscular dystrophy; 
osteoporosis; cancers, including breast, cervical, ovarian, lymphoma, 
multiple myeloma, prostate, pancreatic, colon, head and neck, brain, 
lung; and then moving on, pediatric renal disorders; multiple 
sclerosis; deafness and other communication disorders; glaucoma; 
macular degeneration; sickle cell anemia; heart disease; spinal cord 
injury, sudden infant death syndrome; arthritis, schizophrenia, and 
other mental disorders; polycystic kidney disease; hepatitis, Cooley's 
anemia; primary immune deficiency disorders, autism, stroke, and 
obesity.
  I would add to this list mesothelioma, an ailment I have become 
familiar with during the course of the past 2 years, as we are working 
on an asbestos reform bill where so many people are afflicted with this 
deadly disease which is contracted from exposure to asbestos. We are 
going to ask the National Institutes of Health to devote more 
resources. I say ask--not order, but ask--because NIH, on a 
professional basis, makes the determination for the allocation of 
funding to keep it out of the political realm. But from what I have 
seen on mesothelioma, with thousands of people suffering from a disease 
which causes death, we need to find better ways of dealing with it. Our 
bill on asbestos reform would provide a standard of payment, the 
creation of a trust fund of $140 billion, for which I salute my 
colleague Senator Hatch, who preceded me as chairman of the Senate 
Judiciary Committee, for structuring this idea which we are carrying 
forward. It seeks to assist people who cannot get compensation because 
their companies are bankrupt. Approximately 80 companies have gone into 
bankruptcy because of asbestos claims. That is one illustration of the 
potential for the National Institutes of Health funding. I compliment 
Dr. Zerhouni, Director of NIH, for doing an excellent job under very 
difficult circumstances.
  The bill contains $2 million for embryo adoptions which raises the 
issue of stem cell research. This was the legislative vehicle in 1997 
which provided a prohibition against Federal funding for stem cell 
research where the embryo is destroyed. The House of Representatives 
has passed legislation which would remove that prohibition. Senator 
Harkin and I have a bill pending in the Senate which would duplicate 
the House effort to eliminate that restriction. Consideration was given 
to offering an amendment on this bill. Because this is the bill which 
has the prohibition, it would be a logical spot to remove it. But it 
would cause a multifaceted controversy with about five different 
positions to be inserted.
  The majority leader has agreed to make this a priority item at the 
beginning of the next session of Congress where all facets of the issue 
may be explored. There have been some recent developments that there 
may be a way to use stem cells without destroying the embryo. If that 
can be done, it would be spectacular. But the success of that kind of 
research is a long way off. I personally would like to see Federal 
funding devoted to all aspects of embryo research because the 
potentials are extraordinary. Embryonic stem cells are so superior to 
adult stem cells. There are also cord blood stem cells. But the real 
opportunity for medical advance lies in the flexible embryonic stem 
cells which can, for example, be injected into a diseased heart, where 
the embryonic stem cells could have the potential to replace diseased 
heart cells. So it is my hope that we will be able to move ahead on 
this line.
  The subcommittee has held 17 hearings on this subject, starting in 
December of 1998, a few days after embryonic stem cells burst on the 
scene. Our most recent hearing was earlier this week, on October 19, to 
coincide with the announcement in South Korea that they were starting a 
worldwide research program with adjunct facilities in San Francisco and 
England. While I applaud the efforts of the South Koreans or anyone to 
advance medical research with stem cells, it is regrettable that the 
United States has not maintained a lead in this line. The objections to 
embryonic stem cell research come from the contention that these 
embryos have the potential to create life. The conclusive answer to 
that argument is that there are some 400,000 embryos that are frozen 
and are going to be destroyed. Senator Harkin and I and the

[[Page 23470]]

subcommittee have taken the lead in putting up some $2 million for 
embryo adoption.
  If all of these embryos could be adopted, produce life, I would not 
have any interest in advocating scientific research on them. But if 
they are going to be thrown away, it makes a lot more sense to use them 
than to destroy them. But to the extent that adoption can be promoted, 
this subcommittee supports this approach.
  Some of the other items worth noting specifically: almost $10 million 
for a cord blood stem cell bank, which does provide a line for some 
advances on medical research with stem cells; $2 million for start-up 
costs on administering asbestos claims, anticipating passage of an 
asbestos reform bill--not counting any chickens there; it is a complex 
bill, and the majority leader has committed to bringing it up as one of 
the first items next year; it is a vital item, but this bill 
anticipates some costs along that line--$1 billion for the mesothelioma 
registry and tissue bank, which we like to see NIH supplement on 
mesothelioma research; $225 million to continue construction projects 
for the Centers for Disease Control.
  We are calling upon the Centers for Disease Control repeatedly to 
take on major emergency tasks. Right now they are involved in trying to 
find a potential response for pandemic flu. Senator Harkin and I 
visited the Centers for Disease Control several years ago and found the 
physical facilities in a state of total disrepair. It would not be 
inappropriate to note that the Presiding Officer is a distinguished 
Senator from the State of Georgia who has filled my ear with the 
importance--and pleasantly so--of maintaining that funding for CDC. We 
have $225 million in the bill to improve the facilities at the CDC. 
This is illustrative of the difficulties which this subcommittee faces 
in responding to so many urgent needs. We have to have our pencils very 
sharp to establish priorities.
  It is my wish, hope, projection that the Senate, as a whole, would 
establish the priorities in our overall budget which will give more 
recognition to health, education, and labor issues.
  This bill contains $2.183 billion for low-income energy assistance. 
That is a figure which is the best we can do, but is palpably 
insufficient. I anticipate an amendment, which if no one else offers 
one, the chairman will, to increase funding for LIHEAP. It is an 
emergency matter. It is an outgrowth in large measure of Katrina. With 
the prices of oil and gas going sky high and so many of our seniors 
facing the alternative of either heating or eating, this is an item 
which grips much of our country and needs further attention.
  We have $300 million for Children's Hospital graduate medical 
education; $1.8 billion for community health centers; $454 million for 
health professions; $104 million for Healthy Start. That is a program I 
take special pride in because it was initiated in the early 1980s after 
I visited the Alma Illery Hospital in Pittsburgh, and saw for the first 
time a 1-pound baby, a human being about as big as the size of my hand.
  Healthy Start was named after Head Start to give these infants of 
minuscule physiology a chance to live. We incorporated some of Dr. 
Koop's ideas on four prenatal visits and one postvisit.
  That fund has grown and has taken on a very important role of taking 
care of the weakest in our society--1-pound babies.
  We put the budget for Head Start at $6.8 billion; $1.6 billion for 
worker protection programs; $5.25 billion for job training; almost $13 
billion for title I education to disadvantage students; $10.7 billion 
for special education, State grants. The Federal Government has an 
obligation to do more, and each year we have increased funding for 
special education programs and have stretched the funding to the 
maximum to come to that figure; $13.2 billion for Pell grants; $4.3 
billion for the Pell grant shortfall; $306 million for GEAR UP, an idea 
which originated with Congressman Chaka Fattah, from Philadelphia. This 
is a mentoring program and was brought to my attention by the 
Congressman some 6 years ago. Over the years we have spent some $2 
billion on this program and these are funds very well spent--to take 
young people in the minority community who have not had the benefit of 
a sound family life, who need some guidance, taking them at the eighth 
grade and moving them through high school. The results have been 
astounding. It has been projected on a nationwide basis. We have $94 
million for youth offender programs; $45 million for the new youth gang 
prevention initiative; $22.5 million for youth violence prevention at 
the Centers for Disease Control. This program will be looking at the 
terrible incidence of youth violence plaguing my hometown, Philadelphia 
and plaguing my adopted hometown, Washington, DC, as well as so many 
other cities in America. There is $400 million for the Corporation for 
Public Broadcasting. The list goes on.
  I know my distinguished colleague, Senator Grassley, is awaiting an 
opportunity to speak. This highlights the contents of this bill where 
we have stretched the dollars as far as we can. We understand that our 
colleagues will have other ideas for amendments, and we urge them to 
come forward.
  I do not make the determination as to when we go to third reading or 
final passage because I am not the majority leader, but I have 
consulted with Senator Frist, and if the bill is stalled by prolonged 
quorum calls when we move into next week and we do not have amendments 
offered, I am going to use my best efforts to move ahead to final 
passage.
  One other item which I have discussed with the leadership is the 
length of time on the rollcall votes. We have a rule for 15-minute 
votes, and there is a practice of a 5-minute extension. I note the 
distinguished Presiding Officer nodding in agreement. Sometimes the 
votes go 10, 15, 20 minutes over the original 20 minutes and consume a 
lot of time. When we have 95 Senators in the Chamber waiting for the 
next vote, when we have votes stacked, that just is not right. There 
was a day not too long ago when the time limits on voting were strictly 
enforced. Let me tell you and the few people watching on C-SPAN, 
Senators came and voted. If they know they can stretch out the vote, 
they are going to stretch out the vote. And if you know you have to be 
here on time, you will be here on time. It only takes one vote cutoff 
to impose strict discipline even on the 100 feudal barons who occupy 
the Senate.
  I ask the 101st Senator, Bettilou Taylor, is there anything more? She 
says no.
  I ask unanimous consent that the text of my full statement be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record as follows:

                 Floor Statement, Senator Arlen Specter


 FY 2006 LABOR, HEALTH AND HUMAN SERVICES AND EDUCATION APPROPRIATIONS 
                                  BILL

       Mr. President, the legislation before the Senate today 
     includes funding for the Labor, Health and Human Services and 
     Education programs at the 302(b) allocation of $141.6 
     billion. The subcommittee's allocation is about the same as 
     the President's budget request and $860 million below the 
     amount that the House of Representatives had to spend on 
     Labor-HHS programs. The Senate bill also has an additional 
     $3.4 billion to spend in fiscal year 2006 which was achieved 
     by requiring that Supplemental Security Income benefit checks 
     be paid on Monday, October 2, 2006, instead of on Friday, 
     September 29, 2006. On a program level basis, the bill before 
     us is $2.3 billion or 1.5 percent over the fiscal year 2005 
     appropriation and $3.7 billion or 2.6 percent over the 
     President's budget. Because of the amounts assumed in the 
     budget resolution, the funds contained in this bill are not 
     at the levels that I would like, but we did our best given 
     the subcommittee's budget constraints.
       The funds contained in this bill address this Nation's 
     public health problems and continue to strengthen our 
     biomedical research, assure a quality education for America's 
     children, and offer opportunities for individuals seeking to 
     improve job skills.
       At this time, I want to take this opportunity to thank the 
     distinguished Senator from Iowa, Mr. Harkin, for his hard 
     work on this bill and helping to bring the bill through the 
     subcommittee and full committee.
       Some of the key funding levels in the bill include: $29.4 
     billion for the National Institutes of Health, $1.050 billion 
     over fiscal year 2005; $2 million for embryo adoption; $9.8 
     million for a cord blood stem cell bank; $2 million for 
     startup costs for administering asbestos claims; $1 million 
     for mesothelioma

[[Page 23471]]

     registry and tissue bank; $225 million to continue 
     construction projects at the Centers for Disease Control; 
     $2.183 billion for Low-Income Home Energy Assistance; $300 
     million for Children's Hospital graduate medical education; 
     $1.8 billion for community health centers; $454 million for 
     health professions; $104 million for Healthy Start; $6.8 
     billion for Head Start; $1.6 billion for worker protection 
     programs; $5.25 billion for job training programs; $12.8 
     billion for title I grants to disadvantaged students; $10.7 
     billion for special education State grants; $13.2 billion for 
     Pell grants to support a maximum grant of $4,050; $4.3 
     billion to pay for the Pell grant shortfall; $306.5 million 
     for GEAR UP; $94 million for youth offender programs; $45 
     million for a new youth gang prevention initiative; $22.5 
     million for youth violence prevention at the Centers for 
     Disease Control; $400 million for the Corporation for Public 
     Broadcasting, in addition, $35 million is provided for 
     digitalization conversion; and $40 million for the satellite.
       Let me discuss in detail the major elements of this bill:
       The bill before the Senate contains $29.3 billion for the 
     National Institutes of Health. The $1 billion increase over 
     the fiscal year 2005 appropriation will continue the 
     important work of thousands of researchers across this 
     Nation. These additional funds are critical in catalyzing 
     scientific discoveries that will lead to a better 
     understanding in preventing and treating the disorders that 
     afflict men, women, and children in our society.
       Each year, the Labor-HHS Subcommittee holds numerous 
     hearings on medical research issues. Testimony is heard from 
     the NIH Institute Directors, medical experts, patients, 
     family members, and advocates asking for increased biomedical 
     research funding to find the causes and cures for diseases 
     Alzheimer's and Parkinson's disease, spinal cord injury, 
     muscular dystrophy, ALS, AIDS, cancer, diabetes, heart 
     disease, cancer. But the diseases I just mentioned are the 
     ones that everyone knows. However, there are a number of 
     orphan diseases, those affecting 200,000 people or less, that 
     are just as important but not often talked about. Research 
     also needs to be specifically focused on orphan diseases such 
     as spinal muscular atrophy, Ataxia's, Batten disease, 
     fibromyalgia, Fragile X and spina bifida.
       The Centers for Disease Control and Prevention is the lead 
     Federal agency for protecting the health and safety of 
     Americans at home and abroad. The CDC's ability to respond 
     quickly to address this nation's health concerns has been 
     proven over the last several years. Within minutes of the 
     September 11 attack, CDC set up an emergency operations 
     center and began to deploy supplies and staff, isssuing 
     health alerts and responding to State needs. During the 
     anthrax crisis, CDC redirected more than 2,000 staff to focus 
     their resources to identifying the disease and ensuring that 
     health professionals were properly trained in recognizing the 
     signs of anthrax. During the recent gulf coast hurricanes, 
     the CDC staff was on the ground to assess and mitigate the 
     infectious disease risk to residents of flooded areas. To 
     address these critical needs, the bill includes $6.2 billion 
     for programs at the Centers for Disease Control and 
     Prevention. A few years ago, Senator Harkin and I visited the 
     CDC and were appalled at the deplorable conditions of the 
     buildings and facilities in Atlanta. Therefore, the committee 
     has included $225 million to continue the planning, design, 
     and construction of new facilities, as well as repair and 
     renovation of the existing structures.
       More than 35 new emerging infectious diseases were 
     identified between 1973 and 2002. Recent experiences with 
     West Nile virus, SARS, and avian flu illustrate the vital 
     need to strengthen this Nation's capacity to identify and 
     combat emerging infectious diseases. The committee has 
     included $1.7 billion to improve this Nation's research 
     capacities and to detect and control emerging infectious 
     disease threats in the United States and around the world.
       Over the past several years, the Labor-HHS Subcommittee has 
     held several hearings to explore the factors leading to 
     medical errors. The subcommittee heard testimony from family 
     members and patients detailing their experiences with medical 
     mistakes. The Institute of Medicine also gave testimony and 
     outlined findings from their recent report which indicated 
     that 98,000 deaths occur each year because of medical errors. 
     The bill before the Senate contains $84 million to reduce 
     medical errors.
       To continue this Nation's efforts to address bioterrorism 
     threats, the bill provides $2.3 billion.
       To help provide primary health care services to the 
     medically indigent and underserved populations in rural and 
     urban areas, the bill contains $1.8 billion for community 
     health centers. This amount represents an increase of $105 
     million over the fiscal year 2005 appropriation.
       For prevention and treatment of substance abuse, the bill 
     includes $3.4 billion, including $2.1 billion for treatment 
     programs, $202 million for prevention and $901 million for 
     mental health programs. The latest estimates indicate that 
     millions of Americans with serious substance abuse go 
     untreated each year. The amount provided will help address 
     the treatment gap.
       The bill provides $2.183 billion for the Low-Income Home 
     Energy Assistance Program, LIHEAP. LIHEAP is a key program 
     for low-income families in Pennsylvania and States throughout 
     the Nation. Funding supports grants to States to deliver 
     critical assistance to low income households to help meet 
     higher energy costs.
       For programs serving the elderly, the bill before the 
     Senate recommends $3.17 billion, including $436.7 million for 
     the community service employment program for programs to 
     provide part-time employment opportunities for low-income 
     elderly; $354.1 million for supportive services and senior 
     centers; $219.7 million for the national senior volunteer 
     corps; $718.7 million for senior nutrition programs; $1.09 
     billion for research conducted at the National Institute on 
     Aging; and $160.7 million for family and native American 
     caregiver support programs.
       The bill includes $6 billion for AIDS research, prevention 
     and services. Included in this amount is $2.08 billion for 
     Ryan White programs, an increase of $10 million; $657.6 
     million for AIDS prevention programs at the Centers for 
     Disease Control and $2.9 billion for AIDS research at the 
     National Institutes of Health.
       The bill includes $574 million for efforts to fight HIV/
     AIDS, TB, and Malaria globally, $100 million for the Global 
     Fund to fight AIDS, TB, and Malaria, $124 million for the CDC 
     Global AIDS program and $350 million for international AIDS 
     research at the NIH.
       To enable all children to develop and function at their 
     highest potential, the bill includes $6.87 billion for the 
     Head Start program, an increase of $31 million over last 
     year's appropriation.
       To enhance this Nation's investment in education, the bill 
     before the Senate contains $56.7 billion for discretionary 
     education programs, an increase of $143 million over last 
     year's funding level and $501 million more than the 
     President's budget request.
       The bill includes $12.8 billion, an increase of $100 
     million for title I grants to school districts. These funds 
     will provide services to approximately 15 million school 
     children in nearly all school districts in the nation.
       For impact aid programs, the bill includes $1.24 billion. 
     Included in the recommendation is: $50 million for payments 
     for children with disabilities; $1.1 billion for basic 
     support payments; and $65 million for payments for Federal 
     property. In addition, $18 million is available for 
     construction activities at certain impact aid-eligible 
     schools.
       For special education State grants, the bill includes $11.8 
     billion, an increase of $100.5 million more than provided in 
     fiscal year 2005. These funds will help local educational 
     agencies meet the requirement that all children with 
     disabilities have access to a free, appropriate public 
     education, and all infants and toddlers with disabilities 
     have access to early intervention services. These funds will 
     serve an estimated 6.9 million children age 3-21, with 
     Federal support providing $1,542 per child.
       The bill includes $1 billion for the Reading First State 
     grants program which provides funds to implement 
     comprehensive reading instruction programs to ensure that 
     every child can read by the end of the third grade. Also 
     included is $104 million for the Early Reading First Program 
     which funds programs that support activities in existing 
     preschool programs designed to enhance the verbal bills, 
     phonological awareness, letter knowledge, pre-reading skills 
     and early language development of children ages 3 through 5. 
     To help struggling middle and high school students improve 
     their reading skills the bill includes $35 million.
       For community learning centers activities, such as before 
     and afterschool, recreational, drug, violence prevention and 
     family literacy programs, the bill includes $991 million for 
     21st Century Community Learning Centers.
       The bill provides $306.5 million for Gaining Early 
     Awareness and Readiness for Undergraduate Programs. These 
     funds will be used to assist high schools to help low-income 
     students prepare for and pursue postsecondary education.
       To improve post-secondary education opportunities for low-
     income, first-generation college students, the committee 
     recommendation provides $836.5 million for the TRIO program, 
     to assist in more intensive outreach and support services for 
     low income youth.
       The bill includes $217 million for charter school grants 
     which help in the planning, development and implementation of 
     charter schools. Funding for this important program has more 
     than doubled since fiscal year 1999.
       Also included is $26 million for voluntary public school 
     choice to expand programs, especially for parents whose 
     children attend low-performing public schools.
       For student aid programs, the bill provides $15.1 billion, 
     an increase of $838 million over last year's amount. Pell 
     grants, the cornerstone of student financial aid is funded at 
     $4,050. The bill also includes $4.3 billion to pay off the 
     estimated Pell grant shortfall. The bill also includes an 
     increase of $26 million for the supplemental educational 
     opportunity grants program.
       In this Nation, we know all too well that unemployment 
     wastes valuable talent and

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     potential, and ultimately weakens our economy. The bill 
     before us today provides $5.25 billion for job training 
     programs. This includes $1.58 billion for the Job Corps; $893 
     million for adult training; and $1.47 billion for retraining 
     dislocated workers.
       The bill provides $1.55 billion for worker protection 
     programs. While progress has been made in this area, there 
     are still far too many work-related injuries and illnesses. 
     The funds provided will continue the programs that inspect 
     business and industry, assist employers in weeding out 
     occupational hazards and protect workers' pay and pensions.
       There are many other notable accomplishments in this bill, 
     but for the sake of time, I mentioned just several of the key 
     highlights, so that the Nation may grasp the scope and 
     importance of this bill.
       In closing, I again thank Senator Harkin and his staff and 
     the other Senators on the subcommittee for their cooperation.

  Mr. SPECTER. Mr. President, I have been asked by the distinguished 
majority leader to propound a unanimous consent request.

                          ____________________