[House Report 109-337]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-337

======================================================================

 
 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

                                _______
                                

               December 13, 2005.--Ordered to be printed

                                _______
                                

 Mr. Regula, from the committee on conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 3010]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
3010) ``making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
for the fiscal year ending September 30, 2006, and for other 
purposes'', having met, after further full and free conference, 
have agreed to recommend and do recommend to their respective 
Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the Departments of 
Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for 
other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    TRAINING AND EMPLOYMENT SERVICES

                        (INCLUDING RESCISSIONS)

      For necessary expenses of the Workforce Investment Act of 
1998, the Denali Commission Act of 1998, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, 
including the purchase and hire of passenger motor vehicles, 
the construction, alteration, and repair of buildings and other 
facilities, and the purchase of real property for training 
centers as authorized by the Workforce Investment Act of 1998; 
$2,652,411,000 plus reimbursements, of which $1,688,411,000 is 
available for obligation for the period July 1, 2006 through 
June 30, 2007; except that amounts determined by the Secretary 
of Labor to be necessary pursuant to sections 173(a)(4)(A) and 
174(c) of the Workforce Investment Act of 1998 shall be 
available from October 1, 2005 until expended; and of which 
$950,000,000 is available for obligation for the period April 
1, 2006 through June 30, 2007, to carry out chapter 4 of the 
Workforce Investment Act of 1998; and of which $8,000,000 is 
available for the period July 1, 2006 through June 30, 2009 for 
necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers: Provided, That 
notwithstanding any other provision of law, of the funds 
provided herein under section 137(c) of the Workforce 
Investment Act of 1998, $282,800,000 shall be for activities 
described in section 132(a)(2)(A) of such Act and 
$1,193,264,000 shall be for activities described in section 
132(a)(2)(B) of such Act: Provided further, That $125,000,000 
shall be available for Community-Based Job Training Grants, 
which shall be from funds reserved under section 132(a)(2)(A) 
of the Workforce Investment Act of 1998 and shall be used to 
carry out such grants under section 171(d) of such Act, except 
that the 10 percent limitation otherwise applicable to the 
amount of funds that may be used to carry out section 171(d) 
shall not be applicable to funds used for Community-Based Job 
Training grants: Provided further, That funds provided to carry 
out section 132(a)(2)(A) of the Workforce Investment Act of 
1998 may be used to provide assistance to a State for State-
wide or local use in order to address cases where there have 
been worker dislocations across multiple sectors or across 
multiple local areas and such workers remain dislocated; 
coordinate the State workforce development plan with emerging 
economic development needs; and train such eligible dislocated 
workers: Provided further, That $7,936,000 shall be for 
carrying out section 172 of the Workforce Investment Act of 
1998: Provided further, That $982,000 shall be for carrying out 
Public Law 102-530: Provided further, That, notwithstanding any 
other provision of law or related regulation, $80,557,000 shall 
be for carrying out section 167 of the Workforce Investment Act 
of 1998, including $75,053,000 for formula grants, $5,000,000 
for migrant and seasonal housing (of which not less than 70 
percent shall be for permanent housing), and $504,000 for other 
discretionary purposes, and that the Department shall take no 
action limiting the number or proportion of eligible 
participants receiving related assistance services or 
discouraging grantees from providing such services: Provided 
further, That notwithstanding the transfer limitation under 
section 133(b)(4) of such Act, up to 30 percent of such funds 
may be transferred by a local board if approved by the 
Governor: Provided further, That funds provided to carry out 
section 171(d) of the Workforce Investment Act of 1998 may be 
used for demonstration projects that provide assistance to new 
entrants in the workforce and incumbent workers: Provided 
further, That no funds from any other appropriation shall be 
used to provide meal services at or for Job Corps centers.
      For necessary expenses of the Workforce Investment Act of 
1998, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings 
and other facilities, and the purchase of real property for 
training centers as authorized by the Act; $2,463,000,000 plus 
reimbursements, of which $2,363,000,000 is available for 
obligation for the period October 1, 2006 through June 30, 
2007, and of which $100,000,000 is available for the period 
October 1, 2006 through June 30, 2009, for necessary expenses 
of construction, rehabilitation, and acquisition of Job Corps 
centers.
      Of the funds provided under this heading in Public Law 
108-7 to carry out section 173(a)(4)(A) of the Workforce 
Investment Act of 1998, $20,000,000 are rescinded.
      Of the funds provided under this heading in Public Law 
107-117, $5,000,000 are rescinded.
      Of the funds provided under this heading in division F of 
Public Law 108-447 for Community-Based Job Training Grants, 
$125,000,000 is rescinded.
      The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition 
established in 20 CFR 667.220 for functions and activities 
under title I of the Workforce Investment Act of 1998, or to 
modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in 
subtitle B of title I of that Act (including applying the 
standards specified in section 116(a)(3)(B) of that Act, but 
notwithstanding the time limits specified in section 
116(a)(3)(B) of that Act), until such time as legislation 
reauthorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary of Labor to 
withdraw approval for such redesignation from a State that 
received the approval not later than October 12, 2005, or to 
revise action taken or modify the redesignation procedure being 
used by the Secretary in order to complete such redesignation 
for a State that initiated the process of such redesignation by 
submitting any request for such redesignation not later than 
October 26, 2005.

            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

              FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

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

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

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

        ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

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

                         PROGRAM ADMINISTRATION

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

                     WORKERS COMPENSATION PROGRAMS

                              (RESCISSION)

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

               Employee Benefits Security Administration

                         SALARIES AND EXPENSES

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

                  Pension Benefit Guaranty Corporation

               PENSION BENEFIT GUARANTY CORPORATION FUND

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

                  Employment Standards Administration

                         SALARIES AND EXPENSES

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

                            SPECIAL BENEFITS

                     (INCLUDING TRANSFER OF FUNDS)

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

Provided further, That the Secretary may require that any 
person filing a notice of injury or a claim for benefits under 
chapter 81 of title 5, United States Code, or 33 U.S.C. 901 et 
seq., provide as part of such notice and claim, such 
identifying information (including Social Security account 
number) as such regulations may prescribe.

               SPECIAL BENEFITS FOR DISABLED COAL MINERS

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

    ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                           COMPENSATION FUND

                     (INCLUDING TRANSFER OF FUNDS)

      For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $96,081,000, to remain 
available until expended: Provided, That the Secretary of Labor 
is authorized to transfer to any executive agency with 
authority under the Energy Employees Occupational Illness 
Compensation Act, including within the Department of Labor, 
such sums as may be necessary in fiscal year 2006 to carry out 
those authorities: Provided further, That the Secretary may 
require that any person filing a claim for benefits under the 
Act provide as part of such claim, such identifying information 
(including Social Security account number) as may be 
prescribed: Provided further, That not later than 30 days after 
enactment, in addition to other sums transferred by the 
Secretary of Labor to the National Institute for Occupational 
Safety and Health (``NIOSH'') for the administration of the 
Energy Employees Occupational Illness Compensation Program 
(``EEOICPA''), the Secretary of Labor shall transfer $4,500,000 
to NIOSH from the funds appropriated to the Energy Employees 
Occupational Illness Compensation Fund (42 U.S.C. 7384e), for 
use by or in support of the Advisory Board on Radiation and 
Worker Health (``the Board'') to carry out its statutory 
responsibilities under EEOICPA (42 U.S.C. 7384n-q), including 
obtaining audits, technical assistance and other support from 
the Board's audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, 
procedures, and review of Special Exposure Cohort petitions and 
evaluation reports.

                    BLACK LUNG DISABILITY TRUST FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

             Occupational Safety and Health Administration

                         SALARIES AND EXPENSES

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

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

                 Mine Safety and Health Administration

                         SALARIES AND EXPENSES

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

                       Bureau of Labor Statistics

                         SALARIES AND EXPENSES

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

                 Office of Disability Employment Policy

                         SALARIES AND EXPENSES

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

                        Departmental Management

                         SALARIES AND EXPENSES

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

                    VETERANS EMPLOYMENT AND TRAINING

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

                      OFFICE OF INSPECTOR GENERAL

      For salaries and expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $66,211,000, together with not to 
exceed $5,608,000, which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund.

                          Working Capital Fund

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

                           General Provisions

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

                          (TRANSFER OF FUNDS)

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

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     HEALTH RESOURCES AND SERVICES

      For carrying out titles II, III, IV, VII, VIII, X, XII, 
XIX, and XXVI of the Public Health Service Act, section 427(a) 
of the Federal Coal Mine Health and Safety Act, title V and 
sections 1128E, and 711, and 1820 of the Social Security Act, 
the Health Care Quality Improvement Act of 1986, as amended, 
the Native Hawaiian Health Care Act of 1988, as amended, the 
Cardiac Arrest Survival Act of 2000, section 712 of the 
American Jobs Creation Act of 2004, and for expenses necessary 
to support activities related to countering potential 
biological, disease, nuclear, radiological and chemical threats 
to civilian populations, $6,629,661,000 of which $64,180,000 
from general revenues, notwithstanding section 1820(j) of the 
Social Security Act, shall be available for carrying out the 
Medicare rural hospital flexibility grants program under 
section 1820 of such Act (of which $25,000,000 is for a Delta 
health initiative Rural Health, Education, and Workforce 
Infrastructure Demonstration Program which shall solicit and 
fund proposals from local governments, hospitals, universities, 
and rural public health-related entities and organizations for 
research development, educational programs, job training, and 
construction of public health-related facilities): Provided, 
That of the funds made available under this heading, $222,000 
shall be available until expended for facilities renovations at 
the Gillis W. Long Hansen's Disease Center: Provided further, 
That in addition to fees authorized by section 427(b) of the 
Health Care Quality Improvement Act of 1986, fees shall be 
collected for the full disclosure of information under the Act 
sufficient to recover the full costs of operating the National 
Practitioner Data Bank, and shall remain available until 
expended to carry out that Act: Provided further, That fees 
collected for the full disclosure of information under the 
``Health Care Fraud and Abuse Data Collection Program'', 
authorized by section 1128E(d)(2) of the Social Security Act, 
shall be sufficient to recover the full costs of operating the 
program, and shall remain available until expended to carry out 
that Act: Provided further, That no more than $40,000 is 
available until expended for carrying out the provisions of 42 
U.S.C. 233(o) including associated administrative expenses: 
Provided further, That no more than $45,000,000 is available 
until expended for carrying out the provisions of Public Law 
104-73 and for expenses incurred by the Department of Health 
and Human Services pertaining to administrative claims made 
under such law: Provided further, That $4,000,000 is available 
until expended for the National Cord Blood Stem Cell Bank 
Program as described in House Report 108-401: Provided further, 
That of the funds made available under this heading, 
$285,963,000 shall be for the program under title X of the 
Public Health Service Act to provide for voluntary family 
planning projects: Provided further, That amounts provided to 
said projects under such title shall not be expended for 
abortions, that all pregnancy counseling shall be nondirective, 
and that such amounts shall not be expended for any activity 
(including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office: Provided 
further, That $797,521,000 shall be for State AIDS Drug 
Assistance Programs authorized by section 2616 of the Public 
Health Service Act: Provided further, That in addition to 
amounts provided herein, $25,000,000 shall be available from 
amounts available under section 241 of the Public Health 
Service Act to carry out Parts A, B, C, and D of title XXVI of 
the Public Health Service Act to fund section 2691 Special 
Projects of National Significance: Provided further, That, 
notwithstanding section 502(a)(1) of the Social Security Act, 
not to exceed $117,108,000 is available for carrying out 
special projects of regional and national significance pursuant 
to section 501(a)(2) of such Act: Provided further, That of the 
funds provided, $39,680,000 shall be provided to the Denali 
Commission as a direct lump payment pursuant to Public Law 106-
113.

           HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

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

             VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

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

               Centers for Disease Control and Prevention

                DISEASE CONTROL, RESEARCH, AND TRAINING

      To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
and XXVI of the Public Health Service Act, sections 101, 102, 
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and 
Health Act of 1977, sections 20, 21, and 22 of the Occupational 
Safety and Health Act of 1970, title IV of the Immigration and 
Nationality Act, section 501 of the Refugee Education 
Assistance Act of 1980, and for expenses necessary to support 
activities related to countering potential biological, disease, 
nuclear, radiological, and chemical threats to civilian 
populations; including purchase and insurance of official motor 
vehicles in foreign countries; and purchase, hire, maintenance, 
and operation of aircraft, $5,884,934,000, of which 
$160,000,000 shall remain available until expended for 
equipment, construction and renovation of facilities; of which 
$30,000,000 of the amounts available for immunization 
activities shall remain available until expended; of which 
$530,000,000 shall remain available until expended for the 
Strategic National Stockpile; and of which $123,883,000 for 
international HIV/AIDS shall remain available until September 
30, 2007. In addition, such sums as may be derived from 
authorized user fees, which shall be credited to this account: 
Provided, That in addition to amounts provided herein, the 
following amounts shall be available from amounts available 
under section 241 of the Public Health Service Act: (1) 
$12,794,000 to carry out the National Immunization Surveys; (2) 
$109,021,000 to carry out the National Center for Health 
Statistics surveys; (3) $24,751,000 to carry out information 
systems standards development and architecture and 
applications-based research used at local public health levels; 
(4) $463,000 for Health Marketing evaluations; (5) $31,000,000 
to carry out Public Health Research; and (6) $87,071,000 to 
carry out research activities within the National Occupational 
Research Agenda: Provided further, That none of the funds made 
available for injury prevention and control at the Centers for 
Disease Control and Prevention may be used, in whole or in 
part, to advocate or promote gun control: Provided further, 
That up to $31,800,000 shall be made available until expended 
for Individual Learning Accounts for full-time equivalent 
employees of the Centers for Disease Control and Prevention: 
Provided further, That the Director may redirect the total 
amount made available under authority of Public Law 101-502, 
section 3, dated November 3, 1990, to activities the Director 
may so designate: Provided further, That the Congress is to be 
notified promptly of any such transfer: Provided further, That 
not to exceed $12,500,000 may be available for making grants 
under section 1509 of the Public Health Service Act to not more 
than 15 States, tribes, or tribal organizations: Provided 
further, That notwithstanding any other provision of law, a 
single contract or related contracts for development and 
construction of facilities may be employed which collectively 
include the full scope of the project: Provided further, That 
the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18: Provided 
further, That of the funds appropriated, $10,000 is for 
official reception and representation expenses when 
specifically approved by the Director of the Centers for 
Disease Control and Prevention: Provided further, That 
employees of the Centers for Disease Control and Prevention or 
the Public Health Service, both civilian and Commissioned 
Officers, detailed to States, municipalities, or other 
organizations under authority of section 214 of the Public 
Health Service Act, shall be treated as non-Federal employees 
for reporting purposes only and shall not be included within 
any personnel ceiling applicable to the Agency, Service, or the 
Department of Health and Human Services during the period of 
detail or assignment.

                     National Institutes of Health

                       NATIONAL CANCER INSTITUTE

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

               NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

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

         NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

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

    NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES

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

        NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

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

         NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

                     (INCLUDING TRANSFER OF FUNDS)

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

             NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

        NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

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

                         NATIONAL EYE INSTITUTE

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

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

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

                      NATIONAL INSTITUTE ON AGING

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

 NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES

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

    NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS

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

                 NATIONAL INSTITUTE OF NURSING RESEARCH

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

           NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

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

                    NATIONAL INSTITUTE ON DRUG ABUSE

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

                  NATIONAL INSTITUTE OF MENTAL HEALTH

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

                NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

      NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

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

                 NATIONAL CENTER FOR RESEARCH RESOURCES

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

       NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE

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

       NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

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

                  JOHN E. FOGARTY INTERNATIONAL CENTER

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

                      NATIONAL LIBRARY OF MEDICINE

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

                         OFFICE OF THE DIRECTOR

                     (INCLUDING TRANSFER OF FUNDS)

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

                        BUILDINGS AND FACILITIES

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

       Substance Abuse and Mental Health Services Administration

               SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

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

               Agency for Healthcare Research and Quality

                    HEALTHCARE RESEARCH AND QUALITY

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

               Centers for Medicare and Medicaid Services

                     GRANTS TO STATES FOR MEDICAID

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

                  PAYMENTS TO HEALTH CARE TRUST FUNDS

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

                           PROGRAM MANAGEMENT

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

      HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND

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

                Administration for Children and Families

  PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT 
                                PROGRAMS

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

                   LOW-INCOME HOME ENERGY ASSISTANCE

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

                     REFUGEE AND ENTRANT ASSISTANCE

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

   PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

                      SOCIAL SERVICES BLOCK GRANT

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

                CHILDREN AND FAMILIES SERVICES PROGRAMS

                    (INCLUDING RESCISSION OF FUNDS)

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

                   PROMOTING SAFE AND STABLE FAMILIES

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

       PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

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

                        Administration on Aging

                        AGING SERVICES PROGRAMS

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

                        Office of the Secretary

                    GENERAL DEPARTMENTAL MANAGEMENT

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

                OFFICE OF MEDICARE HEARINGS AND APPEALS

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

  OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY

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

                      OFFICE OF INSPECTOR GENERAL

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

                        OFFICE FOR CIVIL RIGHTS

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

     RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

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

            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, $63,589,000.

                           General Provisions

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

                          (TRANSFER OF FUNDS)

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

                          (TRANSFER OF FUNDS)

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

                          (TRANSFER OF FUNDS)

      Sec. 210. Of the amounts made available in this Act for 
the National Institutes of Health, the amount for research 
related to the human immunodeficiency virus, as jointly 
determined by the Director of the National Institutes of Health 
and the Director of the Office of AIDS Research, shall be made 
available to the ``Office of AIDS Research'' account. The 
Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) 
of the Public Health Service Act.
      Sec. 211. None of the funds appropriated in this Act may 
be made available to any entity under title X of the Public 
Health Service Act unless the applicant for the award certifies 
to the Secretary that it encourages family participation in the 
decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to 
coerce minors into engaging in sexual activities.
      Sec. 212. None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be used to 
carry out the Medicare Advantage program if the Secretary 
denies participation in such program to an otherwise eligible 
entity (including a Provider Sponsored Organization) because 
the entity informs the Secretary that it will not provide, pay 
for, provide coverage of, or provide referrals for abortions: 
Provided, That the Secretary shall make appropriate prospective 
adjustments to the capitation payment to such an entity (based 
on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided 
further, That nothing in this section shall be construed to 
change the Medicare program's coverage for such services and a 
Medicare Advantage organization described in this section shall 
be responsible for informing enrollees where to obtain 
information about all Medicare covered services.
      Sec. 213. Notwithstanding any other provision of law, no 
provider of services under title X of the Public Health Service 
Act shall be exempt from any State law requiring notification 
or the reporting of child abuse, child molestation, sexual 
abuse, rape, or incest.
      Sec. 214. (a) Except as provided by subsection (e) none 
of the funds appropriated by this Act may be used to withhold 
substance abuse funding from a State pursuant to section 1926 
of the Public Health Service Act (42 U.S.C. 300x-26) if such 
State certifies to the Secretary of Health and Human Services 
by May 1, 2006, that the State will commit additional State 
funds, in accordance with subsection (b), to ensure compliance 
with State laws prohibiting the sale of tobacco products to 
individuals under 18 years of age.
      (b) The amount of funds to be committed by a State under 
subsection (a) shall be equal to 1 percent of such State's 
substance abuse block grant allocation for each percentage 
point by which the State misses the retailer compliance rate 
goal established by the Secretary of Health and Human Services 
under section 1926 of such Act.
      (c) The State is to maintain State expenditures in fiscal 
year 2006 for tobacco prevention programs and for compliance 
activities at a level that is not less than the level of such 
expenditures maintained by the State for fiscal year 2005, and 
adding to that level the additional funds for tobacco 
compliance activities required under subsection (a). The State 
is to submit a report to the Secretary on all fiscal year 2005 
State expenditures and all fiscal year 2006 obligations for 
tobacco prevention and compliance activities by program 
activity by July 31, 2006.
      (d) The Secretary shall exercise discretion in enforcing 
the timing of the State obligation of the additional funds 
required by the certification described in subsection (a) as 
late as July 31, 2006.
      (e) None of the funds appropriated by this Act may be 
used to withhold substance abuse funding pursuant to section 
1926 from a territory that receives less than $1,000,000.
      Sec. 215. In order for the Centers for Disease Control 
and Prevention to carry out international health activities, 
including HIV/AIDS and other infectious disease, chronic and 
environmental disease, and other health activities abroad 
during fiscal year 2006, the Secretary of Health and Human 
Services--
            (1) may exercise authority equivalent to that 
        available to the Secretary of State in section 2(c) of 
        the State Department Basic Authorities Act of 1956 (22 
        U.S.C. 2669(c)). The Secretary of Health and Human 
        Services shall consult with the Secretary of State and 
        relevant Chief of Mission to ensure that the authority 
        provided in this section is exercised in a manner 
        consistent with section 207 of the Foreign Service Act 
        of 1980 (22 U.S.C. 3927) and other applicable statutes 
        administered by the Department of State, and
            (2) is authorized to provide such funds by advance 
        or reimbursement to the Secretary of State as may be 
        necessary to pay the costs of acquisition, lease, 
        alteration, renovation, and management of facilities 
        outside of the United States for the use of the 
        Department of Health and Human Services. The Department 
        of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department 
        of Health and Human Services has secure, safe, 
        functional facilities that comply with applicable 
        regulation governing location, setback, and other 
        facilities requirements and serve the purposes 
        established by this Act. The Secretary of Health and 
        Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative 
        agreement, to make available to public or nonprofit 
        private institutions or agencies in participating 
        foreign countries, funds to acquire, lease, alter, or 
        renovate facilities in those countries as necessary to 
        conduct programs of assistance for international health 
        activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and 
        environmental diseases, and other health activities 
        abroad.
      Sec. 216. The Division of Federal Occupational Health 
hereafter may utilize personal services contracting to employ 
professional management/administrative and occupational health 
professionals.
      Sec. 217. (a) Authority.--Notwithstanding any other 
provision of law, the Director of the National Institutes of 
Health may use funds available under section 402(i) of the 
Public Health Service Act (42 U.S.C. 282(i)) to enter into 
transactions (other than contracts, cooperative agreements, or 
grants) to carry out research in support of the NIH Roadmap for 
Medical Research.
      (b) Peer Review.--In entering into transactions under 
subsection (a), the Director of the National Institutes of 
Health may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the 
Director determines to be appropriate to obtain assessments of 
scientific and technical merit. Such procedures shall apply to 
such transactions in lieu of the peer review and advisory 
council review procedures that would otherwise be required 
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
406(a)(3)(A), 492, and 494 of the Public Health Service Act (42 
U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 
289c).
      Sec. 218. Funds which are available for Individual 
Learning Accounts for employees of the Centers for Disease 
Control and Prevention and the Agency for Toxic Substances and 
Disease Registry may be transferred to ``Disease Control, 
Research, and Training,'' to be available only for Individual 
Learning Accounts: Provided, That such funds may be used for 
any individual full-time equivalent employee while such 
employee is employed either by CDC or ATSDR.
      Sec. 219. Notwithstanding any other provisions of law, 
funds made available in this Act may be used to continue 
operating the Council on Graduate Medical Education established 
by section 301 of Public Law 102-408.

                         (RESCISSION OF FUNDS)

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

                              (RESCISSION)

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

                              (RESCISSION)

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

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

      For carrying out title I of the Elementary and Secondary 
Education Act of 1965 (``ESEA'') and section 418A of the Higher 
Education Act of 1965, $14,627,435,000, of which $7,073,126,000 
shall become available on July 1, 2006, and shall remain 
available through September 30, 2007, and of which 
$7,383,301,000 shall become available on October 1, 2006, and 
shall remain available through September 30, 2007 for academic 
year 2006-2007: Provided, That $6,934,854,000 shall be for 
basic grants under section 1124: Provided further, That up to 
$3,472,000 of these funds shall be available to the Secretary 
of Education on October 1, 2005, to obtain annually updated 
educational-agency-level census poverty data from the Bureau of 
the Census: Provided further, That $1,365,031,000 shall be for 
concentration grants under section 1124A: Provided further, 
That $2,269,843,000 shall be for targeted grants under section 
1125: Provided further, That $2,269,843,000 shall be for 
education finance incentive grants under section 1125A: 
Provided further, That $9,424,000 shall be to carry out part E 
of title I: Provided further, That $8,000,000 shall be 
available for section 1608 of the ESEA, of which $1,465,000 
shall be available for a continuation award for the 
comprehensive school reform clearinghouse previously funded 
under the heading ``Innovation and Improvement'' in title III 
of division F of Public Law 108-447.

                               Impact Aid

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

                      School Improvement Programs

      For carrying out school improvement activities authorized 
by title II, part B of title IV, part A and subparts 6 and 9 of 
part D of title V, parts A and B of title VI, and parts B and C 
of title VII of the Elementary and Secondary Education Act of 
1965 (``ESEA''); the McKinney-Vento Homeless Assistance Act; 
section 203 of the Educational Technical Assistance Act of 
2002; the Compact of Free Association Amendments Act of 2003; 
and the Civil Rights Act of 1964, $5,308,564,000, of which 
$3,676,482,000 shall become available on July 1, 2006, and 
remain available through September 30, 2007, and of which 
$1,435,000,000 shall become available on October 1, 2006, and 
shall remain available through September 30, 2007, for academic 
year 2006-2007: Provided, That funds made available to carry 
out part B of title VII of the ESEA may be used for 
construction, renovation and modernization of any elementary 
school, secondary school, or structure related to an elementary 
school or secondary school, run by the Department of Education 
of the State of Hawaii, that serves a predominantly Native 
Hawaiian student body: Provided further, That from the funds 
referred to in the preceding proviso, not less than $1,250,000 
shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso, 
and $1,250,000 shall be for a grant to the University of Hawaii 
School of Law for a Center of Excellence in Native Hawaiian 
law: Provided further, That funds made available to carry out 
part C of title VII of the ESEA may be used for construction: 
Provided further, That up to 100 percent of the funds available 
to a State educational agency under part D of title II of the 
ESEA may be used for subgrants described in section 
2412(a)(2)(B) of such Act: Provided further, That $411,680,000 
shall be for State assessments and related activities 
authorized under sections 6111 and 6112 of the ESEA: Provided 
further, That $56,825,000 shall be available to carry out 
section 203 of the Educational Technical Assistance Act of 
2002: Provided further, That $31,693,000 shall be available to 
carry out part D of title V of the ESEA: Provided further, That 
no funds appropriated under this heading may be used to carry 
out section 5494 under the ESEA: Provided further, That 
$12,132,000 shall be available to carry out the Supplemental 
Education Grants program for the Federated States of 
Micronesia, and $6,051,000 shall be available to carry out the 
Supplemental Education Grants program for the Republic of the 
Marshall Islands: Provided further, That up to 5 percent of 
these amounts may be reserved by the Federated States of 
Micronesia and the Republic of the Marshall Islands to 
administer the Supplemental Education Grants programs and to 
obtain technical assistance, oversight and consultancy services 
in the administration of these grants and to reimburse the 
United States Departments of Labor, Health and Human Services, 
and Education for such services.

                            Indian Education

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

                       Innovation and Improvement

      For carrying out activities authorized by parts G and H 
of title I, subpart 5 of part A and parts C and D of title II, 
parts B, C, and D of title V, and section 1504 of the 
Elementary and Secondary Education Act of 1965 (``ESEA''), 
$945,947,000, of which $95,000,000 shall become available on 
July 1, 2006 and remain available until September 30, 2007: 
Provided, That $16,864,000 shall be available to carry out 
section 2151(c) of the ESEA, of which not less than $9,920,000 
shall be provided to the National Board for Professional 
Teaching Standards, and not less than $6,944,000 shall be 
provided to the American Board for the Certification of Teacher 
Excellence: Provided further, That from funds for subpart 4, 
part C of title II, up to 3 percent shall be available to the 
Secretary for technical assistance and dissemination of 
information: Provided further, That $36,981,000 shall be for 
subpart 2 of part B of title V: Provided further, That 
$260,111,000 shall be available to carry out part D of title V 
of the ESEA, of which $100,000,000 of the funds for subpart 1 
shall be for competitive grants to local educational agencies, 
including charter schools that are local educational agencies, 
or States, or partnerships of (1) a local educational agency, a 
State, or both and (2) at least one non-profit organization to 
develop and implement performance-based teacher and principal 
compensation systems in high-need schools: Provided further, 
That such performance-based compensation systems must consider 
gains in student academic achievement as well as classroom 
evaluations conducted multiple times during each school year 
among other factors and provide educators with incentives to 
take on additional responsibilities and leadership roles: 
Provided further, That five percent of such funds for 
competitive grants shall become available on October 1, 2005 
for technical assistance, training, peer review of 
applications, program outreach and evaluation activities and 
that 95 percent shall become available on July 1, 2006 and 
remain available through September 30, 2007 for competitive 
grants.

                 Safe Schools and Citizenship Education

      For carrying out activities authorized by subpart 3 of 
part C of title II, part A of title IV, and subparts 2, 3 and 
10 of part D of title V of the Elementary and Secondary 
Education Act of 1965 (``ESEA''), $736,886,000, of which 
$350,000,000 shall become available on July 1, 2006 and remain 
available through September 30, 2007: Provided, That of the 
amount available for subpart 2 of part A of title IV of the 
ESEA, $850,000 shall be used to continue the National 
Recognition Awards program under the same guidelines outlined 
by section 120(f) of Public Law 105-244: Provided further, That 
$350,000,000 shall be available for subpart 1 of part A of 
title IV and $224,580,000 shall be available for subpart 2 of 
part A of title IV, of which not less than $1,449,000, to 
remain available until expended, shall be for the Project 
School Emergency Response to Violence program to provide 
education-related services to local educational agencies in 
which the learning environment has been disrupted due to a 
violent or traumatic crisis: Provided further, That 
$132,901,000 shall be available to carry out part D of title V 
of the ESEA: Provided further, That of the funds available to 
carry out subpart 3 of part C of title II, up to $12,194,000 
may be used to carry out section 2345 and $3,025,000 shall be 
used by the Center for Civic Education to implement a 
comprehensive program to improve public knowledge, 
understanding, and support of the Congress and the State 
legislatures.

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities

                 AMERICAN PRINTING HOUSE FOR THE BLIND

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

               NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

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

                          GALLAUDET UNIVERSITY

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

                     Vocational and Adult Education

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

                      Student Financial Assistance

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

                       Student Aid Administration

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

                            Higher Education

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

                           Howard University

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

         College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                Account

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

                    Institute of Education Sciences

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

                        Departmental Management

                         PROGRAM ADMINISTRATION

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

                        OFFICE FOR CIVIL RIGHTS

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

                    OFFICE OF THE INSPECTOR GENERAL

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

                           General Provisions

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

                          (TRANSFER OF FUNDS)

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

                       TITLE IV--RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         SALARIES AND EXPENSES

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

             Corporation for National and Community Service

        DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

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

      NATIONAL AND COMMUNITY SERVICE PROGRAMS, OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

      For necessary expenses for the Corporation for National 
and Community Service (the ``Corporation'') in carrying out 
programs, activities, and initiatives under the National and 
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 et 
seq.), $520,087,000, to remain available until September 30, 
2007: Provided, That not more than $267,500,000 of the amount 
provided under this heading shall be available for grants under 
the National Service Trust Program authorized under subtitle C 
of title I of the Act (42 U.S.C. 12571 et seq.) (relating to 
activities of the AmeriCorps program), including grants to 
organizations operating projects under the AmeriCorps Education 
Awards Program (without regard to the requirements of sections 
121(d) and (e), section 131(e), section 132, and sections 
140(a), (d), and (e) of the Act: Provided further, That not 
less than $140,000,000 of the amount provided under this 
heading, to remain available without fiscal year limitation, 
shall be transferred to the National Service Trust for 
educational awards authorized under subtitle D of title I of 
the Act (42 U.S.C. 12601), of which up to $4,000,000 shall be 
available to support national service scholarships for high 
school students performing community service, and of which 
$7,000,000 shall be held in reserve as defined in Public Law 
108-45: Provided further, That in addition to amounts otherwise 
provided to the National Service Trust under the second 
proviso, the Corporation may transfer funds from the amount 
provided under the first proviso, to the National Service Trust 
authorized under subtitle D of title I of the Act (42 U.S.C. 
12601) upon determination that such transfer is necessary to 
support the activities of national service participants and 
after notice is transmitted to Congress: Provided further, That 
of the amount provided under this heading for grants under the 
National Service Trust program authorized under subtitle C of 
title I of the Act, not more than $55,000,000 may be used to 
administer, reimburse, or support any national service program 
authorized under section 121(d)(2) of such Act (42 U.S.C. 
12581(d)(2)): Provided further, That not more than $16,445,000 
shall be available for quality and innovation activities 
authorized under subtitle H of title I of the Act (42 U.S.C. 
12853 et seq.): Provided further, That notwithstanding subtitle 
H of title I of the Act (42 U.S.C. 12853), none of the funds 
provided under the previous proviso shall be used to support 
salaries and related expenses (including travel) attributable 
to Corporation employees: Provided further, That to the maximum 
extent feasible, funds appropriated under subtitle C of title I 
of the Act shall be provided in a manner that is consistent 
with the recommendations of peer review panels in order to 
ensure that priority is given to programs that demonstrate 
quality, innovation, replicability, and sustainability: 
Provided further, That $27,000,000 of the funds made available 
under this heading shall be available for the Civilian 
Community Corps authorized under subtitle E of title I of the 
Act (42 U.S.C. 12611 et seq.): Provided further, That 
$37,500,000 shall be available for school-based and community-
based service-learning programs authorized under subtitle B of 
title I of the Act (42 U.S.C. 12521 et seq.): Provided further, 
That $4,000,000 shall be available for audits and other 
evaluations authorized under section 179 of the Act (42 U.S.C. 
12639): Provided further, That $10,000,000 of the funds made 
available under this heading shall be made available for the 
Points of Light Foundation for activities authorized under 
title III of the Act (42 U.S.C. 12661 et seq.), of which not 
more than $2,500,000 may be used to support an endowment fund, 
the corpus of which shall remain intact and the interest income 
from which shall be used to support activities described in 
title III of the Act, provided that the Foundation may invest 
the corpus and income in federally insured bank savings 
accounts or comparable interest bearing accounts, certificates 
of deposit, money market funds, mutual funds, obligations of 
the United States, and other market instruments and securities 
but not in real estate investments: Provided further, That no 
funds shall be available for national service programs run by 
Federal agencies authorized under section 121(b) of such Act 
(42 U.S.C. 12571(b)): Provided further, That $5,000,000 of the 
funds made available under this heading shall be made available 
to America's Promise--The Alliance for Youth, Inc.: Provided 
further, That to the maximum extent practicable, the 
Corporation shall increase significantly the level of matching 
funds and in-kind contributions provided by the private sector, 
and shall reduce the total Federal costs per participant in all 
programs: Provided further, That notwithstanding section 
501(a)(4) of the Act, of the funds provided under this heading, 
not more than $12,642,000 shall be made available to provide 
assistance to state commissions on national and community 
service under section 126(a) of the Act: Provided further, That 
the Corporation may use up to 1 percent of program grant funds 
made available under this heading to defray its costs of 
conducting grant application reviews, including the use of 
outside peer reviewers.

                         SALARIES AND EXPENSES

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

                      OFFICE OF INSPECTOR GENERAL

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

                       ADMINISTRATIVE PROVISIONS

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

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

                         SALARIES AND EXPENSES

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

            Federal Mine Safety and Health Review Commission

                         SALARIES AND EXPENSES

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

                Institute of Museum and Library Services

    OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION

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

                  Medicare Payment Advisory Commission

                         SALARIES AND EXPENSES

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

        National Commission on Libraries and Information Science

                         SALARIES AND EXPENSES

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

                     National Council on Disability

                         SALARIES AND EXPENSES

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

                     National Labor Relations Board

                         SALARIES AND EXPENSES

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

                        National Mediation Board

                         SALARIES AND EXPENSES

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

            Occupational Safety and Health Review Commission

                         SALARIES AND EXPENSES

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

                       Railroad Retirement Board

                     DUAL BENEFITS PAYMENTS ACCOUNT

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

          FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

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

                      LIMITATION ON ADMINISTRATION

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

             LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

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

                     Social Security Administration

                PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

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

                  SUPPLEMENTAL SECURITY INCOME PROGRAM

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

                 LIMITATION ON ADMINISTRATIVE EXPENSES

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

                      OFFICE OF INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

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

                      TITLE V--GENERAL PROVISIONS

      Sec. 501. The Secretaries of Labor, Health and Human 
Services, and Education are authorized to transfer unexpended 
balances of prior appropriations to accounts corresponding to 
current appropriations provided in this Act: Provided, That 
such transferred balances are used for the same purpose, and 
for the same periods of time, for which they were originally 
appropriated.
      Sec. 502. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
      Sec. 503. (a) No part of any appropriation contained in 
this Act shall be used, other than for normal and recognized 
executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or use 
of any kit, pamphlet, booklet, publication, radio, television, 
or video presentation designed to support or defeat legislation 
pending before the Congress or any State legislature, except in 
presentation to the Congress or any State legislature itself.
      (b) No part of any appropriation contained in this Act 
shall be used to pay the salary or expenses of any grant or 
contract recipient, or agent acting for such recipient, related 
to any activity designed to influence legislation or 
appropriations pending before the Congress or any State 
legislature.
      Sec. 504. The Secretaries of Labor and Education are 
authorized to make available not to exceed $28,000 and $20,000, 
respectively, from funds available for salaries and expenses 
under titles I and III, respectively, for official reception 
and representation expenses; the Director of the Federal 
Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses 
not to exceed $5,000 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and 
the Chairman of the National Mediation Board is authorized to 
make available for official reception and representation 
expenses not to exceed $5,000 from funds available for 
``Salaries and expenses, National Mediation Board''.
      Sec. 505. Notwithstanding any other provision of this 
Act, no funds appropriated in this Act shall be used to carry 
out any program of distributing sterile needles or syringes for 
the hypodermic injection of any illegal drug.
      Sec. 506. When issuing statements, press releases, 
requests for proposals, bid solicitations and other documents 
describing projects or programs funded in whole or in part with 
Federal money, all grantees receiving Federal funds included in 
this Act, including but not limited to State and local 
governments and recipients of Federal research grants, shall 
clearly state--
            (1) the percentage of the total costs of the 
        program or project which will be financed with Federal 
        money;
            (2) the dollar amount of Federal funds for the 
        project or program; and
            (3) percentage and dollar amount of the total costs 
        of the project or program that will be financed by non-
        governmental sources.
      Sec. 507. (a) None of the funds appropriated in this Act, 
and none of the funds in any trust fund to which funds are 
appropriated in this Act, shall be expended for any abortion.
      (b) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated 
in this Act, shall be expended for health benefits coverage 
that includes coverage of abortion.
      (c) The term ``health benefits coverage'' means the 
package of services covered by a managed care provider or 
organization pursuant to a contract or other arrangement.
      Sec. 508. (a) The limitations established in the 
preceding section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of 
        rape or incest; or
            (2) in the case where a woman suffers from a 
        physical disorder, physical injury, or physical 
        illness, including a life-endangering physical 
        condition caused by or arising from the pregnancy 
        itself, that would, as certified by a physician, place 
        the woman in danger of death unless an abortion is 
        performed.
      (b) Nothing in the preceding section shall be construed 
as prohibiting the expenditure by a State, locality, entity, or 
private person of State, local, or private funds (other than a 
State's or locality's contribution of Medicaid matching funds).
      (c) Nothing in the preceding section shall be construed 
as restricting the ability of any managed care provider from 
offering abortion coverage or the ability of a State or 
locality to contract separately with such a provider for such 
coverage with State funds (other than a State's or locality's 
contribution of Medicaid matching funds).
      (d)(1) None of the funds made available in this Act may 
be made available to a Federal agency or program, or to a State 
or local government, if such agency, program, or government 
subjects any institutional or individual health care entity to 
discrimination on the basis that the health care entity does 
not provide, pay for, provide coverage of, or refer for 
abortions.
      (2) In this subsection, the term ``health care entity'' 
includes an individual physician or other health care 
professional, a hospital, a provider-sponsored organization, a 
health maintenance organization, a health insurance plan, or 
any other kind of health care facility, organization, or plan.
      Sec. 509. (a) None of the funds made available in this 
Act may be used for--
            (1) the creation of a human embryo or embryos for 
        research purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of 
        injury or death greater than that allowed for research 
        on fetuses in utero under 45 CFR 46.204(b) and section 
        498(b) of the Public Health Service Act (42 U.S.C. 
        289g(b)).
      (b) For purposes of this section, the term ``human embryo 
or embryos'' includes any organism, not protected as a human 
subject under 45 CFR 46 as of the date of the enactment of this 
Act, that is derived by fertilization, parthenogenesis, 
cloning, or any other means from one or more human gametes or 
human diploid cells.
      Sec. 510. (a) None of the funds made available in this 
Act may be used for any activity that promotes the legalization 
of any drug or other substance included in schedule I of the 
schedules of controlled substances established by section 202 
of the Controlled Substances Act (21 U.S.C. 812).
      (b) The limitation in subsection (a) shall not apply when 
there is significant medical evidence of a therapeutic 
advantage to the use of such drug or other substance or that 
federally sponsored clinical trials are being conducted to 
determine therapeutic advantage.
      Sec. 511. None of the funds made available in this Act 
may be used to promulgate or adopt any final standard under 
section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
2(b)) providing for, or providing for the assignment of, a 
unique health identifier for an individual (except in an 
individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving 
the standard.
      Sec. 512. None of the funds made available in this Act 
may be obligated or expended to enter into or renew a contract 
with an entity if--
            (1) such entity is otherwise a contractor with the 
        United States and is subject to the requirement in 
        section 4212(d) of title 38, United States Code, 
        regarding submission of an annual report to the 
        Secretary of Labor concerning employment of certain 
        veterans; and
            (2) such entity has not submitted a report as 
        required by that section for the most recent year for 
        which such requirement was applicable to such entity.
      Sec. 513. None of the funds made available in this Act 
may be transferred to any department, agency, or 
instrumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act.
      Sec. 514. None of the funds made available by this Act to 
carry out the Library Services and Technology Act may be made 
available to any library covered by paragraph (1) of section 
224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
Children's Internet Protections Act, unless such library has 
made the certifications required by paragraph (4) of such 
section.
      Sec. 515. None of the funds made available by this Act to 
carry out part D of title II of the Elementary and Secondary 
Education Act of 1965 may be made available to any elementary 
or secondary school covered by paragraph (1) of section 2441(a) 
of such Act (20 U.S.C. 6777(a)), as amended by the Children's 
Internet Protections Act and the No Child Left Behind Act, 
unless the local educational agency with responsibility for 
such covered school has made the certifications required by 
paragraph (2) of such section.
      Sec. 516. None of the funds appropriated in this Act may 
be used to enter into an arrangement under section 7(b)(4) of 
the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with 
a nongovernmental financial institution to serve as disbursing 
agent for benefits payable under the Railroad Retirement Act of 
1974.
      Sec. 517. (a) None of the funds provided under this Act, 
or provided under previous appropriations Acts to the agencies 
funded by this Act that remain available for obligation or 
expenditure in fiscal year 2006, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for 
        any project or activity for which funds have been 
        denied or restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or 
        activities presently performed by Federal employees;

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

unless the Appropriations Committees of both Houses of Congress 
are notified 15 days in advance of such reprogramming or of an 
announcement of intent relating to such reprogramming, 
whichever occurs earlier.
      Sec. 518. (a) Section 316 of the Immigration and 
Nationality Act (8 U.S.C. 1427), is amended by adding at the 
end the following:
      ``(g)(1) The continuous residency requirement under 
subsection (a) may be reduced to 3 years for an applicant for 
naturalization if--
            ``(A) the applicant is the beneficiary of an 
        approved petition for classification under section 
        204(a)(1)(E);
            ``(B) the applicant has been approved for 
        adjustment of status under section 245(a); and
            ``(C) such reduction is necessary for the applicant 
        to represent the United States at an international 
        event.
      ``(2) The Secretary of Homeland Security shall adjudicate 
an application for naturalization under this section not later 
than 30 days after the submission of such application if the 
applicant--
            ``(A) requests such expedited adjudication in order 
        to represent the United States at an international 
        event; and
            ``(B) demonstrates that such expedited adjudication 
        is related to such representation.
      ``(3) An applicant is ineligible for expedited 
adjudication under paragraph (2) if the Secretary of Homeland 
Security determines that such expedited adjudication poses a 
risk to national security. Such a determination by the 
Secretary shall not be subject to review.
      ``(4)(A) In addition to any other fee authorized by law, 
the Secretary of Homeland Security shall charge and collect a 
$1,000 premium processing fee from each applicant described in 
this subsection to offset the additional costs incurred to 
expedite the processing of applications under this subsection.
      ``(B) The fee collected under subparagraph (A) shall be 
deposited as offsetting collections in the Immigration 
Examinations Fee Account.''.
      (b) The amendment made by subsection (a) is repealed on 
January 1, 2006.
      Sec. 519. (a) None of the funds made available in this 
Act may be used to request that a candidate for appointment to 
a Federal scientific advisory committee disclose the political 
affiliation or voting history of the candidate or the position 
that the candidate holds with respect to political issues not 
directly related to and necessary for the work of the committee 
involved.
      (b) None of the funds made available in this Act may be 
used to disseminate scientific information that is deliberately 
false or misleading.
      Sec. 520. The $3,170,927,000 made available under this 
Act under the heading Program Management under the heading 
Centers for Medicare and Medicaid Services shall be reduced by 
$60,000,000: Provided, That none of the reduction shall be 
taken from research, demonstration, and evaluation activities 
or from State survey and certification activities: Provided 
further, That notwithstanding the amounts specified under such 
heading for the Centers for Medicare and Medicaid Services 
System Revitalization Plan and for contract costs for the 
Healthcare Integrated General Ledger Accounting System, such 
amounts may be reduced by the Secretary.
      This Act may be cited as the ``Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2006''.
      And the Senate agree to the same.

                                   Ralph Regula,
                                   Ernest Istook, Jr.,
                                   Roger F. Wicker,
                                   Anne M. Northup,
                                   Kay Granger,
                                   John E. Peterson,
                                   Don Sherwood,
                                   Dave Weldon,
                                   James T. Walsh,
                                   Jerry Lewis,
                                 Managers on the Part of the House.

                                   Arlen Specter,
                                   Thad Cochran,
                                   Judd Gregg,
                                   Larry E. Craig,
                                   Kay Bailey Hutchison,
                                   Ted Stevens,
                                   Mike DeWine,
                                   Richard C. Shelby,
                                   Pete V. Domenici,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

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

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    TRAINING AND EMPLOYMENT SERVICES

                        (INCLUDING RESCISSIONS)

      The conference agreement includes $5,115,411,000 for 
training and employment services, instead of $5,121,792,000 as 
proposed by the House and $5,250,806,000 as proposed by the 
Senate. Of the amount appropriated, $2,463,000,000 is an 
advance appropriation for fiscal year 2007, as proposed by the 
House and the Senate.
      The conference agreement includes bill language as 
proposed by the Senate requiring that the Secretary of Labor 
take no action to amend the definition established in 20 CFR 
667.220 for functions and activities under title I of the 
Workforce Investment Act of 1998, or to modify the procedure 
for designation of local areas as specified in that Act until 
such time as legislation reauthorizing the Act is enacted. The 
House bill contained a similar provision.
      For Adult Employment and Training Activities, the 
conference agreement includes $865,736,000 as proposed by the 
House, instead of $893,618,000 as proposed by the Senate.
      For Youth Training, the conference agreement includes 
$950,000,000 as proposed by the House instead of $986,288,000 
as proposed by the Senate.
      The conference agreement includes $1,476,064,000 for the 
Dislocated Worker program, as proposed by the Senate, instead 
of $1,405,264,000 as proposed by the House. The conferees 
override the formula that provides that 80 percent of the funds 
provided will be used for State formula grants and 20 percent 
in a National Reserve Account. For program year 2006 the 
conferees provide $1,193,264,000 for the State formula grants 
and $282,800,000 for the National Reserve Account.
      The conferees direct that the Department submit a 
quarterly report beginning in January, 2006 to the House and 
Senate Appropriations Committees on the status of H-1B and 
National Emergency Grant awards. This quarterly report shall be 
submitted to the House and Senate Committees on Appropriations 
no later than 15 days after the end of each quarter and shall 
summarize the following information: total available funds for 
the current program year, funding requests made, funding 
comments made, and amounts actually awarded for the quarter and 
for the current program year, total outstanding funding 
commitments from all program years, and total unpaid funding 
commitments from all program years. The report shall also 
include a list of each award (both new awards and modifications 
to existing awards) made during the quarter, including the 
grantee, funding commitment, amount released, and unpaid 
commitment for each award, and the number of workers to be 
trained.
      The conferees direct that the Department submit a 
quarterly report beginning in January 2006 to the House and 
Senate Appropriations Committees on the status of awards made 
under the High-Growth Job Training Initiative. This quarterly 
report shall be submitted to the House and Senate Committees on 
Appropriations no later than 15 days after the end of each 
quarter and shall summarize by funding source (dislocated 
worker demonstration funds, community college initiative, H-1B 
fees, pilots and demonstrations, etc.) the total amount 
allocated to the High-Growth Job Training Initiative for the 
quarter and the program year. This report shall also include a 
list of all awards made during the quarter and for each award 
shall include the grantee, the amount of the award, the funding 
source of the award, whether the award was made competitively 
or by sole source and, if sole source, the justification, the 
purpose of the award, the number of workers to be trained, and 
other expected outcomes.
      The conference agreement includes bill language as 
proposed by the Senate giving the Secretary of Labor authority 
to use dislocated worker national reserve funds to provide 
assistance to a State for statewide or local use in order to 
address cases where there have been worker dislocations across 
multiple sectors or across multiple local areas. The House bill 
contained no similar provision. The conferees urge the 
Secretary, when determining competitive awards under this 
authority, to give favorable consideration to the applications 
of assistance to States that have sustained worker dislocation 
in such a manner and can demonstrate the capacity to respond 
effectively in a coordinated fashion across multiple sectors or 
local areas.
      The conference agreement includes $1,573,000,000 for Job 
Corps, instead of $1,542,019,000 as proposed by the House and 
$1,582,000,000 as proposed by the Senate. Within the total, 
$1,465,000,000 is provided for continuing operations of the 
program and $108,000,000 is for renovation and construction of 
Job Corps centers. The conference agreement includes $8,000,000 
for second year funding of Job Corps expansion. This is in 
addition to $10,000,000 previously appropriated. In the 
selection process to award these and the previously 
appropriated funds for incremental expansion of Job Corps, the 
Department is directed to follow guidance provided in Senate 
Report 109-103 and in the report accompanying Public Law 108-
199 regarding the priority for States that currently do not 
have a center and for a new site that can be quickly launched 
as a satellite (residential or non-residential) of a Job Corps 
center that is serving an entire State or region, and then 
later be converted to a stand-alone facility.
      The conferees strongly urge the Director of Job Corps to 
extend the work of the Appalachian Council for career 
transition support services, and implement through the NJCA 
Foundation for Youth Opportunities, foundation initiated and 
nationally coordinated programs and services that raise public 
awareness and support for at-risk youth. The conferees expect 
the Director of Job Corps to implement these awards by no later 
than January 31, 2006, or as soon thereafter that the new 
independent Office of Job Corps is established.
      For Migrant and Seasonal Farmworkers, the conference 
agreement includes a total of $80,557,000 as proposed by the 
Senate, instead of $75,795,000 as proposed by the House. Within 
the total, $75,053,000 is for State service area grants, 
including $3,840,000 to fund grantees in States impacted by 
formula reductions below the amount they were allotted in 
program year 2004. The conference also includes $5,000,000 for 
housing grants. The agreement also includes bill language not 
contained in House or Senate bills which prohibits the 
Department from restricting the provision of ``related 
assistance'' services by grantees. Such services are often 
critical to the stabilization and availability of the farm 
labor workforce.
      The conference agreement provides $2,000,000 for other 
National Activities as proposed by the House, instead of 
$3,458,000 as proposed by the Senate. Of this amount, $982,000 
is for carrying out Public Law 102-530, the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, and 
$504,000 is to be used for training, technical assistance and 
related activities, including migrant rest center activities, 
authorized under section 167 of the Workforce Investment Act of 
1998.
      For Pilots, Demonstrations and Research, the conference 
agreement includes $30,000,000, instead of $74,000,000 as 
proposed by the House and $90,367,000 as proposed by the 
Senate.
      The conferees encourage the Department of Labor to 
establish a pilot grant program under 171(b) of the Workforce 
Investment Act of 1998 to award competitive placement and 
retention grants to qualified nonprofit organizations that 
offer low income individuals' intensive assessment, education 
and training, placement, and retention services, including job 
coaching. The employment should provide the low income 
individuals with an annual salary at least twice the poverty 
line applicable to the individual. After placement, such 
organizations shall be eligible for retention grants once low 
income individuals remain with the same employer for a period 
of one year, taking into account the benefits received by the 
federal government and the community from the individuals' 
employment.
      The conference agreement includes $49,600,000 for 
Responsible Reintegration of Youthful Offenders, instead of 
$50,000,000 as proposed by the Senate. The House did not 
recommend funds for this activity.
      The conference agreement includes $125,000,000 to carry 
out the Community College/Community-Based Job Training Grant 
initiative. The conference agreement includes bill language as 
proposed by the Senate which provides that this amount is to be 
allocated from National Emergency Grant funds available under 
section 132(a)(2)(A) of the Workforce Investment Act of 1998, 
overriding the limitation otherwise imposed under section 
171(d). The House bill contained no similar provision. The 
conferees expect the Secretary to initially use resources from 
the National Emergency Grants account for these awards that are 
designated for non-emergencies under sections 171(d) and 170(b) 
of the Workforce Investment Act of 1998. Community-Based Job 
Training Grant awards will also be subject to the limitations 
of sections 171(c)(4)(A) through 171(c)(4)(C) of the Workforce 
Investment Act of 1998 to ensure that these grants are awarded 
competitively. The conferees direct that future solicitations 
for grant applications for the Community-Based Job Training 
initiative include One Stop Career Centers as eligible 
applicants. The conference agreement rescinds $125,000,000 in 
funds provided in fiscal year 2005 for this program, as 
proposed by the House; the Senate bill contained no similar 
provision.
      For the Denali Commission, the conference agreement 
provides $6,944,000 as proposed by the Senate for job training 
services. The House recommendation did not include funds for 
this activity.

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

      The conference agreement includes $3,392,078,000 for 
State Unemployment Insurance and Employment Service Operations, 
instead of $3,470,366,000 as proposed by the House and 
$3,361,779,000 as proposed by the Senate. For unemployment 
insurance services, the bill provides $2,533,000,000 instead of 
$2,632,915,000 as proposed by the House and $2,485,000,000 as 
proposed by the Senate. The conference agreement includes 
$2,523,000,000 for UI State Operations instead of 
$2,622,499,000 as proposed by the House and $2,475,000,000 as 
proposed by the Senate. The agreement includes a contingency 
reserve amount should the unemployment workload exceed an 
average weekly insured claims volume of 2,800,000 instead of 
2,984,000 as proposed by the House. The conference agreement 
does not include language, similar in both House and Senate 
bills, providing $40,000,000 for new unemployment insurance 
administrative activities.
      For the Employment Service grants to States, the 
agreement includes $723,114,000 instead of $696,000,000 as 
proposed by the House and $746,302,000 as proposed by the 
Senate. This includes $23,114,000 in general funds as proposed 
by the Senate instead of $23,300,000 as proposed by the House 
and $700,000,000 from the ``Employment Security 
Administration'' account of the unemployment trust fund instead 
of $672,700,000 as proposed by the House and $723,188,000 as 
proposed by the Senate. The conference agreement does not 
include funding to continue Reemployment Services Grants.
      The conference agreement includes $17,856,000 for the 
work opportunity tax credit program as proposed by the Senate. 
The House report contained no similar provision.

                         PROGRAM ADMINISTRATION

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

               Employee Benefits Security Administration


                         SALARIES AND EXPENSES

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

                  Employment Standards Administration


                         SALARIES AND EXPENSES

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

                            SPECIAL BENEFITS

                     (INCLUDING TRANSFER OF FUNDS)

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

               Administrative Expenses, Energy Employees


                 OCCUPATIONAL ILLNESS COMPENSATION FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

             Occupational Safety and Health Administration


                         SALARIES AND EXPENSES

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

                 Mine Safety and Health Administration


                         SALARIES AND EXPENSES

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

                       Bureau of Labor Statistics


                         SALARIES AND EXPENSES

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

                 Office of Disability Employment Policy


                         SALARIES AND EXPENSES

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

                        Departmental Management


                         SALARIES AND EXPENSES

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

                    VETERANS EMPLOYMENT AND TRAINING

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

                      OFFICE OF INSPECTOR GENERAL

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

                           GENERAL PROVISIONS


                               JOB CORPS

      The conference agreement includes language that prohibits 
the use of funds for the Job Corps to pay the salary of any 
individual, either as direct costs or any pro-ration as an 
indirect cost, at a rate in excess of Executive Level I, 
instead of Executive Level II as proposed by the House. The 
Senate bill did not contain a similar provision.
      The conference agreement includes language not contained 
in House or Senate bills directing the Secretary to establish 
and maintain an Office of Job Corps within the Office of the 
Secretary of Labor. The Secretary is directed to transfer 
current Job Corps functions and staff from the Employment and 
Training Administration to the Job Corps office established in 
the Office of the Secretary. To ensure continuity, the 
Secretary is further directed to staff the new agency with the 
staff in place as of October 1, 2005 and at a level of FTE 
approved as of October 31, 2005.

                     ONE PERCENT TRANSFER AUTHORITY

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

                           DENALI COMMISSION

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

                      CONGRESSIONAL JUSTIFICATIONS

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

                          NEW YORK RESCISSION

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

                             OPERATING PLAN

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

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES


              Health Resources and Services Administration


                     HEALTH RESOURCES AND SERVICES

      The conference agreement includes $6,654,661,000 for 
health resources and services, of which $6,629,661,000 is 
provided as budget authority and $25,000,000 is made available 
from the Public Health Service policy evaluation set-aside, 
instead of $6,468,437,000 as proposed by the House and 
$7,396,534,000 as proposed by the Senate. Funds for the 
individual HRSA programs are displayed in the table at the end 
of the statement of the managers. Funding levels that were in 
disagreement but not displayed on the table are discussed in 
this statement.
      The conference agreement includes a technical bill 
language change to eliminate an unnecessary citation of the 
Poison Control Center Act which was included in both bills.
      The conference agreement includes a citation for section 
712 of the American Jobs Creation Act of 2004 for authority for 
the sickle cell demonstration program. The House bill did not 
include a similar citation.
      The conference agreement does not include bill language 
proposed by the Senate providing $393,051,000 for construction 
and renovation of health care and other facilities and other 
health-related activities. The House bill included no similar 
language.
      The conference agreement includes bill language 
identifying $64,180,000 for the rural hospital flexibility 
grants program, as provided by the Senate. The House bill 
provided $39,180,000. Within the total provided, the conferees 
have included bill language similar to that contained in the 
Senate bill creating the authority and identifying $25,000,000 
for a Delta health initiative rural health, education, and 
workforce infrastructure program. The House bill had no similar 
provision. The conferees urge HRSA to implement this program by 
a competitive grant to a non-Federal, not-for-profit alliance 
of no less than four academic institutions who have a history 
of collaboration, along with their State Medical Association 
and State Hospital Association, for the purpose of addressing 
longstanding, unmet health needs in the Mississippi Delta, 
including health education, access and research, and job 
training. Alliance partners should include an academic health 
center, at least two regional universities, a school of 
nursing, and a relationship with a strong economic development 
entity. The alliance should have experience working with 
Federally qualified health centers and local health 
departments. The alliance should have experience in diabetes 
education and management, promoting healthy communities, health 
education and wellness.
      The conferees have not included either bill language 
proposed by the Senate identifying $20,000,000 for base grant 
adjustments for existing community health centers or a similar 
directive included in the House report.
      The conference agreement includes bill language 
identifying $40,000 for malpractice insurance for volunteer 
physicians who practice at free clinics, including 
administrative expenses, instead of $99,000 as proposed by the 
Senate. The House did not provide funding for this program. The 
conferees understand that claims against the Federal 
malpractice insurance are not likely to appear until at least 
fiscal year 2007, but want to signal the intent to continue the 
program.
      The conference agreement does not include bill language 
identifying funding for community health centers in high-need 
counties. The Senate bill identified $13,000,000 for this 
purpose; the House bill identified $26,000,000.
      The conferees direct that the increase in funding 
provided for community health centers be allocated for the 
center applications that have already been approved and 
announced in April 2005. The House and Senate reports had 
similar references to pre-approved awards.
      The conference agreement includes bill language contained 
in the Senate bill permitting funding appropriated for the 
community health centers Federal malpractice claims program to 
be used for administrative expenses. The House bill included no 
similar provision.
      The conference agreement includes bill language providing 
$4,000,000 to remain available until expended for the National 
Cord Blood Stem Cell Bank Program. The Senate bill provided 
$9,859,000. The House did not provide funding for this program.
      The conference agreement includes bill language 
designating $117,108,000 out of the funds provided for the 
maternal and child health block grant to be for special 
projects of regional and national significance (SPRANS). The 
Senate bill provided $121,396,250 for this purpose; the House 
provided $116,124,000. It is intended that $3,880,000 of the 
SPRANS amount will be used to continue the sickle cell newborn 
screening program and its locally based outreach and counseling 
efforts. The House and Senate both proposed $4,000,000 for this 
program. In addition, $4,850,000 of the SPRANS amount will be 
used to continue the oral health demonstration programs and 
activities in the States. The House and Senate both proposed 
$5,000,000 for this program. The conference agreement also 
includes within the SPRANS set-aside $1,552,000 to continue 
mental health programs and activities in the States, $2,910,000 
to continue the epilepsy demonstration, and $1,940,000 to 
continue newborn and child screening for heritable disorders. 
The conferees provide $1,000,000 for a fetal alcohol syndrome 
demonstration program as described in the Senate report. The 
House and Senate had both proposed $3,000,000 for the epilepsy 
demonstration. The House had proposed $3,000,000 for the 
heritable disorders screening program; the Senate had proposed 
$2,000,000. The Senate proposed $3,000,000 for the mental 
health programs, while the House had not proposed funding for 
this program. The Senate proposed $1,000,000 for the fetal 
alcohol syndrome demonstration, while the House had not 
proposed funding for this program.
      The conference agreement includes bill language as 
proposed by the Senate providing $39,680,000 to the Denali 
Commission as a direct lump payment pursuant to P.L. 106-113. 
The House did not include funding for the Commission. The 
conferees concur with the Senate report language regarding the 
allocation of Denali funds to a mix of facilities.
      The conference agreement provides $14,100,000 for Native 
Hawaiian health care activities within the consolidated health 
centers program as proposed by the Senate. The House did not 
identify specific funding for Native Hawaiian activities.
      The conference agreement provides $4,000,000 for allied 
health training programs, of which $2,000,000 is allocated to 
the chiropractic-medical school demonstration grant and 
$2,000,000 is designated for the graduate psychology training 
program. The Senate provided $11,753,000 for allied health 
programs. The House did not provide funding.
      The conferees concur in the Senate report language 
identifying $3,000,000 within traumatic brain injury funding 
for protection and advocacy services. The House report did not 
have similar language.
      The conferees concur with the Senate report language 
regarding the recompetition of Healthy Start programs.
      Within funds provided to the Office of the Advancement of 
Telehealth, $3,000,000 has been included to carry out programs 
and activities under the Health Care Safety Net Amendments of 
2002 (Public Law 107-251). Of that amount, the conferees intend 
that $1,500,000 be used to fund telehealth resource centers 
that provide assistance with respect to technical, legal, 
regulatory service delivery or other related barriers to the 
development of telehealth technologies. The conferees intend 
that HRSA place a high priority on the needs of rural States 
with populations of less than 1,500,000 individuals in the 
award and geographical placement of the telehealth resource 
grants. The conferees intend that $750,000 will be used for 
network grants and demonstration or pilot projects for 
telehomecare and that $750,000 will be used for grants to carry 
out the licensure provisions in Section 102 of Public Law 107-
251.
      The conferees agree that family planning funds should be 
distributed to regional offices in the same manner and time 
frame as in fiscal year 2005. In addition, conferees intend 
that the same percentage of appropriated family planning funds 
be used for clinical services as in fiscal year 2005.
      Within the funds provided for bioterrorism grants to 
States, the conference agreement includes $475,000,000 for 
State grants, $21,000,000 for education incentives for medical 
school curriculum, and $4,000,000 to continue the credentialing 
emergency system for advance registration of volunteer health 
professionals. The conferees do not provide funding for a 
medical surge capacity demonstration as requested by the 
Administration. The House provided $464,479,000 for State 
grants; $8,000,000 for credentialing; $27,521,000 for training; 
and no funding for a surge capacity demonstration. The Senate 
provided $458,000,000 for State grants, indicating that 
credentialing, deployable mass casualty units and increases to 
the medical reserve corps could be supported within that total; 
$27,500,000 for training; and $25,000,000 for a national surge 
capacity demonstration.
      The conference agreement includes $145,992,000 for 
program management instead of $143,992,000 as provided by the 
Senate and $143,072,000 as provided by the House. The 
conference agreement includes $2,000,000 within this activity 
for dental workforce programs authorized in section 340G of the 
Public Health Service Act. The Senate provided $5,000,000 for 
this activity; the House did not propose funding for the 
program.

             VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

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

               Centers for Disease Control and Prevention


                DISEASE CONTROL, RESEARCH, AND TRAINING

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

                          INFECTIOUS DISEASES

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

                       INFECTIOUS DISEASE CONTROL

      Within the total for Infectious Diseases, the conference 
agreement includes $229,059,000 for infectious disease control 
activities instead of $229,471,000 as proposed by the House and 
$229,010,000 as proposed by the Senate.
      Within the total, $102,650,000 is for areas of highest 
scientific and programmatic priority for preparing and 
responding to present and emerging infectious disease threats.
      Within the total provided, $5,500,000 is to expand and 
improve surveillance, research, and prevention activities on 
prion disease, including the work of the National Prion Disease 
Pathology Surveillance Center.

                    HIV/AIDS, STD AND TB PREVENTION

      Within the total for Infectious Diseases the conference 
agreement includes $956,138,000 for HIV/AIDS, STD and TB 
prevention, the same as proposed by the House and $713,000 
below the amount proposed by the Senate.
      Included is $657,694,000 for domestic HIV/AIDS 
activities; $159,633,000 for STD activities; and $138,811,000 
for TB activities.
      Within the total for HIV/AIDS, the conferees intend that 
the activities that are targeted to address the growing HIV/
AIDS epidemic and its disparate impact on communities of color, 
including African Americans, Latinos, Native Americans, Asian 
Americans, Native Hawaiians, and Pacific Islanders be supported 
at not less than the fiscal year 2005 level, as proposed by the 
House. The conferees intend that CDC follow the report 
accompanying the Labor, HHS and Education and Related Agencies 
Appropriations Act, 2002 regarding the disbursement of these 
funds, including continuing support for the Directly Funded 
Minority Community-Based Organization Program.

                              IMMUNIZATION

      Within the total for Infectious Diseases, the conference 
agreement includes a discretionary program level of 
$524,994,000 for immunization, instead of $526,500,000 as 
proposed by the House and $523,500,000 as proposed by the 
Senate. Of the amount provided, $12,794,000 is for national 
immunization surveys to be derived from section 241 evaluation 
set-aside funds, the same as proposed by both the House and 
Senate.
      The conferees note, that subsequent to House action, 
$5,214,000 was reallocated to Global Immunization activities 
within Global Health to more accurately reflect immunization 
program levels prior to CDC's recent reorganization.
      In addition, the Vaccines for Children (VFC) program 
funded through the Medicaid program includes $1,502,333,000 in 
vaccine purchases and distribution support for fiscal year 
2006, yielding a total domestic immunization program level of 
$2,027,327,000.
      Included in the amount provided is $461,478,000 for 
immunization assistance to states and localities under the 
section 317 immunization program, $4,960,000 for vaccine 
tracking, and $58,556,000 for prevention activities. The 
conferees intend that the $1,494,000 provided above the request 
for prevention activities support expanded vaccine safety 
research as outlined in the House Report.

                            HEALTH PROMOTION

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

       CHRONIC DISEASE PREVENTION, HEALTH PROMOTION, AND GENOMICS

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

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

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

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

      The conferees concur with language in the Senate report 
providing that $50,000 from within Oral Health be used to 
develop an instructional video for school age children on the 
harmful effects of excessive consumption of soft drinks.
      Within the funds for Genomics, $2,546,000 is provided to 
support and expand activities related to Primary Immune 
Deficiency Syndrome implemented in the same manner as in fiscal 
year 2005 and as outlined in the Senate report.

                             BIRTH DEFECTS

      Within the amount available for Health Promotion, the 
conference agreement includes $126,022,000 for birth defects, 
developmental disabilities, disability and health instead of 
$127,179,000 as proposed by the House and $125,815,000 as 
proposed by the Senate.
      Within the total, the following amounts are provided for 
the specified activities:

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

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

                     Health Information and Service

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

               Environmental Health and Injury Prevention

      The conference agreement includes $287,733,000 for 
Environmental Health and Injury Prevention activities, instead 
of $285,721,000 as proposed by the House and $288,982,000 as 
proposed by the Senate.
      The conferees note that unless otherwise specified, the 
sub-budget activity amounts provided for Environment Health and 
Injury Prevention are at the levels recommended in the budget 
request.

                          ENVIRONMENTAL HEALTH

      Within the funds available for Environmental Health and 
Injury Prevention, the conference agreement includes 
$147,293,000 for environmental health instead of $147,483,000 
as proposed by the House and $147,417,000 as proposed by the 
Senate.
      Within the total, $900,000 is provided to begin a 
nationwide Amyotrophic Lateral Sclerosis (ALS) registry as 
recommended in the Senate report.
      The conferees also urge the CDC to maintain support for 
the Environmental and Health Outcome Tracking Network and the 
Landmine Survivor Network at not less than the fiscal year 2005 
level.

                     INJURY PREVENTION AND CONTROL

      Within the funds provided for Environmental Health and 
Injury Prevention, the conference agreement includes 
$140,440,000 for injury control, instead of $138,237,000 as 
proposed by the House and $141,565,000 as proposed by the 
Senate.
      Within the total for injury prevention and control, 
$105,083,000 is for intentional injury prevention activities, 
including $24,379,000 for Youth Violence Prevention as outlined 
in the Senate report (of which $12,028,000 is for youth 
violence base funding), and not less than the fiscal year 2005 
level is for the National Violent Death Reporting System.
      In addition, $35,357,000 of the amounts for injury 
prevention and control is for unintentional injury. The 
conferees are agreed that sufficient funds are provided to 
support the existing Injury Control Research Centers at not 
less than the fiscal year 2005 level.

                     Occupational Safety and Health

      The conference agreement provides a total program level 
of $256,971,000 for occupational safety and health, instead of 
$251,241,000 as proposed by the House and $257,121,000 as 
proposed by the Senate. Within that amount, $87,071,000 is 
available to carry out research tools and approaches activities 
within the National Occupational Research Agenda (NORA) to be 
derived from section 241 evaluation set-aside funds.
      The conference agreement includes sufficient funds to 
maintain staffing levels at the Morgantown facility as proposed 
by the Senate.
      Within the amount provided, $1,000,000 is for the 
establishment of a National Mesothelioma Registry and Tissue 
Bank as described in the Senate report. The conferees strongly 
encourage NIOSH to work closely with the mesothelioma research 
and patient community in developing the registry and tissue 
bank to maximize the effectiveness of data collection and allow 
researchers real time access to clinical data associated with 
tissue specimens from the registry.
      Organizations eligible to implement the registry and 
tissue bank should have a demonstrated history of collaborative 
mesothelioma research and experience working with, and access 
to, the patient population. Eligible applicants should share 
the goal of developing a cost-effective infrastructure and have 
a data-sharing plan that will ensure the registry and tissue 
bank will be used to expand scientific discovery and effective 
treatments to benefit the mesothelioma research and patient 
community.
      The agreement also includes $150,000 above the budget 
request to expand support for the existing NIOSH Education and 
Research Centers.
      In addition, the conferees have included sufficient funds 
for implementation of the Miners' Choice Health Screening 
Program at two or more sites in fiscal year 2006. This program 
was initiated in the Department of Labor to encourage all 
miners to obtain free and confidential chest x-rays to obtain 
more data on the prevalence of Coal Workers' Pneumonconiosis in 
support of development of new respirable coal dust rules.

                             GLOBAL HEALTH

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

                         PUBLIC HEALTH RESEARCH

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

                PUBLIC HEALTH IMPROVEMENT AND LEADERSHIP

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

                 PREVENTIVE HEALTH SERVICES BLOCK GRANT

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

                TERRORISM AND PUBLIC HEALTH PREPAREDNESS

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

                       BUSINESS SERVICES SUPPORT

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

                     National Institutes of Health

                       NATIONAL CANCER INSTITUTE

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

                NATIONAL HEART, LUNG AND BLOOD INSTITUTE

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

         NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

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

    NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES

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

        NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

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

         NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

                     (INCLUDING TRANSFER OF FUNDS)

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

             NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

        NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

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

                         NATIONAL EYE INSTITUTE

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

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

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

                      NATIONAL INSTITUTE ON AGING

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

 NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES

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

    NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS

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

                 NATIONAL INSTITUTE OF NURSING RESEARCH

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

           NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

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

                    NATIONAL INSTITUTE ON DRUG ABUSE

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

                  NATIONAL INSTITUTE OF MENTAL HEALTH

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

                NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

      NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

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

                 NATIONAL CENTER FOR RESEARCH RESOURCES

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

       NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE

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

       NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

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

                  JOHN E. FOGARTY INTERNATIONAL CENTER

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

                      NATIONAL LIBRARY OF MEDICINE

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

                         Office of the Director

                     (INCLUDING TRANSFER OF FUNDS)

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

                        BUILDINGS AND FACILITIES

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

       Substance Abuse and Mental Health Services Administration

               SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

      The conference agreement includes $3,359,116,000 for 
substance abuse and mental health services, of which 
$3,237,813,000 is provided through budget authority and 
$121,303,000 is provided through the evaluation set-aside. The 
House bill proposed $3,352,047,000 for SAMHSA, of which 
$121,303,000 was from the evaluation set-aside and the Senate 
bill proposed $3,398,086,000, of which $123,303,000 was from 
the evaluation set-aside. The detailed table at the end of this 
joint statement reflects the activity distribution agreed to by 
the conferees.
      Within the total provided, the conference agreement 
includes funding at no less than the fiscal year 2005 level, as 
proposed by the House, for activities throughout SAMHSA that 
are targeted to address the growing HIV/AIDS epidemic and its 
disparate impact on communities of color, including African 
Americans, Latinos, Native Americans, Asian Americans, Native 
Hawaiians, and Pacific Islanders. The Senate did not include 
similar language.
      Within the total provided, the conference agreement also 
includes funding at no less than the fiscal year 2005 level for 
activities throughout SAMHSA addressing the needs of the 
homeless as proposed by the Senate. The House did not include 
similar language. Specifically, the conference agreement has 
provided funding at last year's level for programs directed at 
chronic homelessness and for programs directed at providing 
mental health and substance abuse treatment services to 
homeless individuals.
Center for Mental Health Services
      The conference agreement includes $265,922,000 for 
programs of regional and national significance instead of 
$253,257,000 as proposed by the House and $287,297,000 as 
proposed by the Senate.
      Within the total provided, the conference agreement 
provides no less than last year's level of funding, 
$94,240,000, for programs for prevention of youth violence, 
including the Safe Schools/Healthy Students interdepartmental 
program, as proposed by the Senate. The House included 
$84,000,000 for these programs. The conferees expect the 
Substance Abuse and Mental Health Services Administration to 
collaborate with the Departments of Education and Justice to 
continue a coordinated approach.
      For programs addressing youth suicide prevention, the 
conference agreement includes $23,000,000 for State and campus-
based programs as proposed by the Senate rather than $8,444,000 
as proposed by the House, and $4,000,000 for the National 
Suicide Prevention Resource Center rather than $2,976,000 as 
proposed by the House and $3,976,000 as proposed by the Senate. 
In addition, no less than the amount provided in fiscal year 
2005 should be allocated for the Suicide Prevention Hotline 
program and mental health screening demonstrations, as proposed 
by the Senate. The House report did not contain similar 
language.
      The conference agreement includes $29,760,000 for the 
National Child Traumatic Stress Initiative as proposed by the 
House. The Senate did not include similar language.
      The conference agreement provides $26,000,000 for the 
State incentive grants for transformation as proposed by both 
the House and Senate. These competitive grants will support the 
development of comprehensive State mental health plans and 
improve the mental health services infrastructure.
      The conference agreement provides no less than the level 
allocated in fiscal year 2005 for grants for jail diversion 
programs as proposed by the House. The Senate did not include 
similar language.
      The conference agreement provides the current level of 
funding for the consumer and consumer-supporter national 
technical assistance centers as proposed by the Senate. The 
conferees direct the Center for Mental Health Services to 
support multi-year grants to fund five such national technical 
assistance centers. The House did not include similar language.
      The conferees request the Substance Abuse and Mental 
Health Services Administration to provide a report by May 1, 
2006 on efforts to strengthen parenting and enhance child 
resilience in the face of adversity, as described in the Senate 
report. The House did not include similar language.
      The conference agreement provides the same level of 
funding as was provided in fiscal year 2005 for the elderly 
treatment and outreach program as proposed by both the House 
and Senate.
      The conference agreement includes $432,756,000 for the 
mental health block grant, which includes $21,803,000 from the 
evaluation set-aside, the same levels as proposed by both the 
House and the Senate. Included in the agreement is bill 
language transferring the State Infrastructure Planning Grants 
activity from the mental health programs of regional and 
national significance to the mental health block grant set-
aside, as proposed by the House. The Senate proposed to 
continue to fund this activity through the programs of regional 
and national significance.
Center for Substance Abuse Treatment
      The conference agreement includes $402,935,000 for 
programs of regional and national significance, which includes 
$4,300,000 from the evaluation set-aside, instead of 
$409,431,000 as proposed by the House and $412,091,000 as 
proposed by the Senate. Both the House and Senate bills 
included the evaluation set-aside at $4,300,000.
      Within funds provided, $99,200,000 is for the Access to 
Recovery program as proposed by the House rather than 
$100,000,000 as proposed by the Senate. The conferees expect 
that addictive disorder clinical treatment providers 
participating in the Access to Recovery program meet the 
certification, accreditation, and/or licensing standards 
recognized in their respective States as proposed by the House. 
The Senate included similar language, but added the phrase, 
``and their respective staff.''
      The conference agreement provides $10,500,000 for 
treatment programs for pregnant, postpartum and residential 
women and their children rather than $11,000,000 as proposed by 
the Senate. Within these funds, no less than last year's level 
shall be used for the residential treatment program for 
pregnant and postpartum women in fiscal year 2006 authorized 
under section 508 of the Public Health Service Act. The House 
did not include similar language.
      The conference agreement includes $8,166,000 to maintain 
the funding at the fiscal year 2005 level for the Addiction 
Technology Transfer Centers as proposed by both the House and 
Senate.
      The conferees understand that the National Institute for 
Alcohol Abuse and Alcoholism recently published an updated 2005 
edition of its clinician's guide for treating patients who have 
alcohol abuse problems, titled ``Helping Patients Who Drink Too 
Much.'' The guide includes new information on expanded options 
for treating alcohol dependent patients, including a section on 
approved medications. The conferees urge the Center for 
Substance Abuse Treatment, in conjunction with its Science to 
Services agenda, to launch a counselor education initiative to 
inform physicians and program staff in the substance abuse 
community about the guide's treatment recommendations for 
alcohol dependence, including pharmacotherapy options.
      As part of the $4,300,000 set-aside to evaluate substance 
abuse treatment programs, the conferees encourage the Substance 
Abuse and Mental Health Services Administration to determine 
the most effective way to maximize the number of qualified 
doctors who utilize buprenorphine in the office-based treatment 
of their opiate-addicted patients, as authorized by the Drug 
Addiction Treatment Act of 2000.
Center for Substance Abuse Prevention
      The conference agreement includes $194,850,000 for 
programs of regional and national significance instead of 
$194,950,000 as proposed by the House and $202,289,000 as 
proposed by the Senate.
      Within the funds provided, the conference agreement 
includes $4,000,000, as proposed by the Senate, for the Center 
for Substance Abuse Prevention (CSAP) to continue to fund 
grants aimed at expanding the capacity of health care and 
community organizations to address methamphetamine abuse. The 
House did not include similar language.
      The conference agreement provides $850,000 for the third 
year of funding for the Advertising Council's parent-oriented 
media campaign to combat underage drinking as proposed by the 
Senate. The House proposed to fund the third year of this 
campaign through the Office of the Secretary.
      The conferees expect the Substance Abuse and Mental 
Health Services Administration (SAMHSA) to ensure that grantees 
within the strategic prevention framework State incentive grant 
program do not fund duplicative sub-State anti-drug coalition 
infrastructures, but utilize those already functioning and 
funded by programs such as the Drug Free Communities program.
      The conferees are concerned that consolidating the 
successful efforts that were pioneered by CSAP across all three 
of the Centers at SAMHSA will result in a dilution of the 
funding and emphasis on substance abuse prevention. The 
conferees expect SAMHSA to maintain substance abuse prevention 
as its highest priority for emphasis in both the National 
Registry of Effective Programs and Practices (NREPP) and the 
SAMHSA Health Information Network (SHIN). The conferees expect 
SAMHSA to report in its fiscal year 2007 congressional 
justification on how substance abuse prevention is being 
maintained as the highest priority for emphasis in both NREPP 
and SHIN.
Program Management
      The conference agreement includes $92,817,000 for program 
management, of which $16,000,000 is provided through the 
evaluation set-aside. The House bill proposed $91,817,000 with 
a $16,000,000 evaluation set-aside and the Senate bill proposed 
$93,817,000 with an $18,000,000 evaluation set-aside.
      The conference agreement includes $1,000,000 to expand on 
the collaborative effort by the Substance Abuse and Mental 
Health Services Administration and the Centers for Disease 
Control and Prevention to establish a population-based source 
of data on the mental and behavioral health needs in this 
country, rather than $2,000,000 as proposed by the Senate. The 
House did not provide funding for this activity.

               Agency for Healthcare Research and Quality

                    HEALTHCARE RESEARCH AND QUALITY

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

               Centers for Medicare and Medicaid Services

                PAYMENTS TO THE HEALTH CARE TRUST FUNDS

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

                           PROGRAM MANAGEMENT

      The conference agreement includes $3,170,927,000 for 
program management instead of $3,180,284,000 as proposed by the 
House and $3,181,418,000 as proposed by the Senate. An 
additional appropriation of $720,000,000 has been provided for 
the Medicare Integrity Program through the Health Insurance 
Portability and Accountability Act of 1996. The conferees 
include a general provision (section 520) that reduces these 
funds by $60,000,000. CMS has the discretion to choose how to 
allocate this reduction except that research, demonstration and 
evaluation and State survey and certification may not be 
reduced. As a result, some of the funding levels identified in 
the Program Management conference report language may be 
changed.
      The conferees encourage CMS to consider using $3,000,000 
of the funds provided through the Medicare Integrity Program to 
study and demonstrate the use of data fusion technology that 
enables accurate linkages between data records across large, 
disparate databases in near-real time using public records, 
commercial data and complete CMS data sets to help prevent, and 
determine instances of, fraud, waste and abuse.
      The conference agreement includes $58,000,000 for 
research, demonstration, and evaluation instead of $65,000,000 
as proposed by the House and $83,494,000 as proposed by the 
Senate. Within the total provided, the conference agreement 
provides $25,000,000 for Real Choice Systems Change Grants to 
States. The Senate provided $40,000,000 for these grants. The 
House did not provide funding for them.
      The conferees are pleased with the demonstration project 
at participating sites licensed by the Program for Reversing 
Heart Disease and encourage its continuation. The conferees 
further urge CMS to continue the demonstration project being 
conducted at the Mind Body Institute of Boston, Massachusetts.
      The conferees are very pleased with the ongoing efforts 
of CMS to address the seriously adverse health status of Native 
Hawaiians and American Samoans residing in the geographical 
area of the Waimanalo Health Center. The conferees urge CMS to 
consider waivers for rural or isolated area demonstration 
projects when calculating such requirements as population 
density in the State of Hawaii and are particularly pleased 
with the University of Hawaii's efforts to provide necessary 
health care in rural Hilo.
      The conferees encourage CMS to conduct a national, three-
year demonstration project to identify effective Medication 
Therapy Management Program (MTMP) models for Medicare Part D 
enrollees. The demonstration project should emphasize evidence-
based prescribing, prospective medication management, 
technological innovation and outcomes reporting and should be 
capable of implementation on a large scale.
      The conference agreement includes $2,172,987,000 for 
Medicare operations as proposed by the House instead of 
$2,184,984,000 as proposed by the Senate.
      The conference agreement includes bill language proposed 
by the Senate making up to an additional $32,500,000 available 
to CMS for Medicare claims processing if the volume of claims 
exceeds particular thresholds. The House bill did not contain 
similar language.
      The conference agreement does not include bill language 
proposed by the Senate directing the Secretary to send a notice 
to Medicare beneficiaries by January 1, 2006, notifying them of 
an error in the annual notice that had previously been mailed 
to them. The House bill did not contain similar language. The 
conferees are very concerned about the incorrect information on 
the new Medicare prescription drug plan that was inadvertently 
sent to beneficiaries. The conferees request that by no later 
than March 1, 2006, CMS report to the House and Senate 
Appropriations Committees a comprehensive summary of the 
actions taken to correct errors in the ``Medicare & You 2006'' 
handbook that was mailed to beneficiaries in October 2005. The 
conferees further direct that any notices to beneficiaries 
regarding the handbook error clearly state that the guidebook's 
tables on the levels of premium assistance were in error and 
that beneficiaries have until May 15, 2006 to enroll in a plan.
      The conference agreement does not include general 
provision language proposed by the House that would prohibit 
funds being used to place social security numbers on ID cards 
issued to Medicare beneficiaries. The agreement also does not 
include general provision language proposed by the Senate that 
directs the Secretary to issue a report by June 30, 2006 
describing plans to change the numerical identifier used for 
Medicare beneficiaries. The conferees consider this issue to be 
one of the utmost urgency and expect the Secretary to 
accelerate ongoing plans to convert the beneficiary 
identifiers.
      The conference agreement provides $655,000,000 for 
Federal administration instead of $657,357,000 as proposed by 
the House and $628,000,000 as proposed by the Senate.
      The conferees urge CMS to carefully review its decision 
to cut Medicare funding for second-year, specialized pharmacy 
residency programs, which provide specialized training to 
medication use experts in areas like geriatrics, oncology, and 
critical care. CMS should take into account new data submitted 
by national pharmacist associations and provide a full report 
to the House and Senate Committees within three months 
describing the agency's rationale for any decision that results 
in these programs remaining unfunded.
      The conferees are concerned about the recent data 
published by CMS showing that less than one-third of Medicare 
beneficiaries eligible for diabetes self-management training 
(DSMT) are receiving the care and instruction they need. The 
conferees urge CMS to consider removing barriers for certified 
diabetes educators to providing DSMT to Medicare beneficiaries, 
including but not limited to the addition of Medicare coverage 
for the provision of such services, and to identify strategies 
for evaluating the effectiveness of diabetes education in 
improving the self-care of people with diabetes and in reducing 
risk factors for diabetes.
      The conferees are concerned with the unprecedented 
increase in autism diagnoses over the past two decades and its 
effect on the Medicaid program. As more young children reach 
adolescence and adulthood, the need for home-based as well as 
out-of-home, residential services will increase. The conferees 
encourage CMS to facilitate the expansion and availability of 
respite care to families with autism. The conferees also 
encourage CMS to work with States to design geographically-
based demonstrations allowing for greater concentration of 
resources for home-based assistance and respite care.
      The conferees request from CMS a determination as to the 
current legal authority to permit direct access to licensed 
audiologists under similar terms and conditions used by the 
Department of Veterans Affairs and the Office of Personnel 
Management. A report shall be submitted to the House and Senate 
Appropriations Committees by April 2006.

                  HEALTH CARE FRAUD AND ABUSE CONTROL

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

                Administration for Children and Families

                   LOW-INCOME HOME ENERGY ASSISTANCE

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

                     REFUGEE AND ENTRANT ASSISTANCE

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

   PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT

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

                CHILDREN AND FAMILIES SERVICES PROGRAMS

                    (INCLUDING RESCISSION OF FUNDS)

      The conference agreement includes $8,932,713,000 for 
children and families services programs, of which $10,500,000 
is provided through the evaluation set-aside. The House bill 
proposed $8,701,207,000 for these programs with $12,500,000 
from the evaluation set-aside and the Senate proposed 
$9,036,453,000 with $10,500,000 from the evaluation set-aside. 
The detailed table at the end of this joint statement reflects 
the activity distribution agreed to by the conferees.

Head Start

      The conference agreement includes $6,843,114,000 for Head 
Start rather than $6,899,000,000 as proposed by the House and 
$6,863,114,000 as proposed by the Senate. The agreement 
includes $1,388,800,000 in advance funding, the same level as 
proposed by the Senate. The House bill proposed $1,400,000,000 
for advance funding.
      To enable the establishment of a panel of independent 
experts under the National Academy of Sciences to review and 
provide guidance on appropriate outcomes and assessments for 
young children, the conferees provide $1,000,000, within the 
total for Head Start, for the National Academy of Sciences.
      The conference agreement includes, as a general 
provision, a limitation against the use of funds for Head Start 
to pay the compensation of an individual, either as direct 
costs or any proration as an indirect cost, at a rate in excess 
of Executive Level II, as proposed by the House. The Senate did 
not include a similar provision.
      The conference agreement includes two general provisions 
relating to waiving requirements of regulations promulgated 
under the Head Start Act for transporting children enrolled in 
either Head Start or Early Head Start. The Senate bill included 
one general provision regarding this issue, but used different 
language than is included in the conference agreement. The 
House included report language pertaining to transportation 
waivers for this program.

Consolidated runaway and homeless youth program

      The conference agreement includes $88,724,000 for the 
consolidated runaway and homeless youth program, the same level 
as proposed by the Senate, rather than $88,728,000 as proposed 
by the House.

Child abuse discretionary activities

      The conference agreement includes $26,040,000 for child 
abuse discretionary programs instead of $31,645,000 as proposed 
by the House and $31,640,000 as proposed by the Senate.

Adoption incentive

      The conference agreement includes $18,000,000 for the 
adoption incentive program rather than $31,846,000 as proposed 
by the House and $22,846,000 as proposed by the Senate. Actual 
bonus payments to States for fiscal year 2005 were less than 
amounts previously estimated, therefore, of the funds provided 
in fiscal year 2005 and made available through fiscal year 
2006, the conference agreement rescinds $22,500,000. Neither 
the House nor the Senate proposed rescinding funds from this 
program.

Compassion capital fund

      The conference agreement includes $65,000,000 for the 
compassion capital fund rather than $75,000,000 as proposed by 
the House and $95,000,000 as proposed by the Senate. Prior to 
advertising the availability of funds for any grant for the 
youth gang prevention initiative, the conferees request that 
the Department of Health and Human Services brief the House and 
Senate Committees on Appropriations regarding the planned use 
of these funds.

Social services and income maintenance research

      The conference agreement includes $11,927,000 for social 
services and income maintenance research, of which $6,000,000 
is provided through the evaluation set-aside. The House 
proposed $10,621,000 for this program, of which $8,000,000 was 
funded through the evaluation set-aside and the Senate proposed 
$32,012,000, of which $6,000,000 was from the evaluation set-
aside.
      The conferees note that efforts undertaken through the 
State information technology consortium have led to greatly 
improved systems communications and compliance in both the TANF 
and child support enforcement (CSE) programs. For TANF, the 
conferees have provided $2,000,000 to permit States to utilize 
uniquely designed web-based technology to improve benefit 
delivery and fulfill new Federal reporting requirements. For 
CSE, the conferees have provided $3,000,000 to continue the 
consortium's efforts to improve data exchange between CSE and 
the courts in ways that will significantly reduce the time lag 
between court orders and enforcement/collections activities.

Developmental disabilities

      Within developmental disabilities programs, the 
conference agreement includes $39,109,000 for protection and 
advocacy services as proposed by the Senate instead of 
$38,109,000 as proposed by the House.
      The conference agreement also includes $15,879,000 for 
voting access for individuals with disabilities rather than 
$14,879,000 as proposed by the House and $30,000,000 as 
proposed by the Senate. Within the funds provided, $11,000,000 
is for payments to States to promote access for voters with 
disabilities and $4,879,000 is for State protection and 
advocacy systems.
      As proposed by both the House and Senate, the conference 
agreement provides $11,529,000 for the developmental 
disabilities projects of national significance. Within this 
amount, $4,000,000 is to expand activities of the Family 
Support Program, as proposed by the Senate. The House did not 
include similar language.

Community services

      The conference agreement includes $636,793,000 for the 
community services block grant (CSBG) as proposed by the Senate 
rather than $320,000,000 as proposed by the House. The 
conferees concur with language included in the Senate report 
that the Office of Community Services (OCS) release funding to 
States in the timeliest manner and that States make funds 
available promptly to local eligible entities. In addition, the 
conferees expect OCS to inform State CSBG grantees of any 
policy changes affecting carryover funds within a reasonable 
time after the beginning of the Federal fiscal year. The House 
did not include similar language.
      As proposed by both the House and Senate, the conference 
agreement includes $32,731,000 for community economic 
development. The conferees concur with language included in the 
Senate report that appropriated funds be allocated, to the 
maximum extent possible, in the form of grants to qualified 
community development corporations in order to maximize the 
leveraging power of the Federal investment and the number and 
the amount of set-asides should be reduced to the most minimal 
levels. The House did not include similar language.
      The conference agreement includes $7,367,000 for rural 
community facilities instead of $7,242,000 as proposed by the 
House and $7,492,000 as proposed by the Senate. The conferees 
intend that the increase provided for the Rural Community 
Facilities program be used to provide additional funding to the 
six regional RCAPs.
      The conference agreement does not include funding for the 
National Youth Sports program as proposed by the House. The 
Senate proposed $10,000,000 for this program.
      The conference agreement does not include funding for 
community food and nutrition as proposed by the House. The 
Senate proposed $7,180,000 for this program.

Independent living training vouchers

      The conference agreement includes $46,623,000 for 
independent living training vouchers as proposed by the Senate 
instead of $50,000,000 as proposed by the House.

Community-based abstinence education

      The conference agreement includes $114,500,000 for 
community-based abstinence education as proposed by the House 
rather than $105,500,000 as proposed by the Senate. The 
conference agreement includes $4,500,000 in program evaluation 
funds for the abstinence education program and $110,000,000 in 
budget authority. The conferees concur with language included 
in the House report regarding technical assistance and 
capacity-building support to grantees. The Senate report did 
not include similar language.
      Within the total for community-based abstinence 
education, up to $10,000,000 may be used to carry out a 
national abstinence education campaign as proposed by both the 
House and the Senate. The conferees concur with language 
included in the Senate report that the Administration for 
Children and Families use available funds to continue support 
for an independent group to conduct a thorough and rigorous 
evaluation of this campaign. The House did not include similar 
language.

Program direction

      The conference agreement includes $185,217,000 for 
program direction as proposed by the House instead of 
$186,000,000 as proposed by the Senate.

                   PROMOTING SAFE AND STABLE FAMILIES

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

                        Administration on Aging


                        AGING SERVICES PROGRAMS

      The conference agreement includes $1,376,624,000 for 
aging services programs instead of $1,376,217,000 as proposed 
by the House and $1,391,699,000 as proposed by the Senate. The 
detailed table at the end of this joint statement reflects the 
activity distribution agreed to by the conferees.
      The conference agreement includes $20,360,000 for 
activities for the protection of vulnerable older Americans as 
proposed by the Senate instead of $19,360,000 as proposed by 
the House. Within the funds provided $15,162,000 is for the 
ombudsman services program as proposed by the Senate.
      Included in the conference agreement is $157,744,000 for 
the family caregivers program rather than $155,744,000 as 
proposed by the House and $160,744,000 as proposed by the 
Senate.
      The conference agreement includes $722,292,000 for 
nutrition programs rather than $725,885,000 as proposed by the 
House and $718,697,000 as proposed by the Senate. Within the 
total, $389,211,000 is provided for congregate meals rather 
than $391,147,000 as proposed by the House and $387,274,000 as 
proposed by the Senate; $183,742,000 is provided for home 
delivered meals rather than $184,656,000 as proposed by the 
House and $182,827,000 as proposed by the Senate; and, 
$149,339,000 is provided for the nutrition services incentives 
program rather than $150,082,000 as proposed by the House and 
$148,596,000 as proposed by the Senate.
      The conference agreement includes $24,843,000 for program 
innovations instead of $23,843,000 as proposed by the House and 
$40,513,000 as proposed by the Senate. The conferees continue 
to support funding at no less than last year's level for 
national programs scheduled to be refunded in fiscal year 2006 
as proposed by the Senate that address a variety of issues, 
including elder abuse, Native American issues and legal 
services. The House report did not include similar language.
      Within the funding provided, the conference agreement 
includes $3,000,000, as proposed by the House, for social 
research into Alzheimer's disease care options, best practices 
and other Alzheimer's research priorities that include research 
into cause, cure and care, as well as respite care, assisted 
living, the impact of intervention by social service agencies 
on victims, and related needs. The agreement recommends this 
research utilize and give discretion to area agencies on aging 
and their non-profit divisions in municipalities with aged 
populations (over the age of 60) of over 1,000,000, with 
preference given to the largest population. The conferees also 
recommend that unique partnerships to affect this research be 
considered for the selected area agency on aging. The Senate 
did not include funding for this activity.
      Given the enormous demands on Alzheimer's family 
caregivers, the conferees have included $1,000,000, as proposed 
by the Senate, to support an Alzheimer's family contact center 
for round-the-clock help to Alzheimer's families in crisis. The 
House did not include funding for this activity.

                        Office of the Secretary


                    GENERAL DEPARTMENTAL MANAGEMENT

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

                OFFICE OF MEDICARE HEARINGS AND APPEALS

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

  OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY

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

                      Office of Inspector General

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

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

      The conference agreement includes $63,589,000 for the 
Public Health and Social Services Emergency Fund (PHSSEF) to 
enhance Federal, State, and local preparedness to counter 
potential biological, disease, chemical, and radiological 
threats to civilian populations, instead of $183,589,000 as 
proposed by the House. The Senate had provided $8,158,589,000, 
with $8,095,000,000 designated as an emergency requirement 
pursuant to the concurrent resolution on the budget for fiscal 
year 2006.
      The conference agreement does not include the 
$120,000,000 proposed by the House for activities to ensure 
year-round production capacity of influenza vaccine. The Senate 
had incorporated this funding within the $8,095,000,000 
designated as emergency spending.

                           General Provisions


                        Head Start Compensation

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

                        Evaluation Tap Authority

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

                     One Percent Transfer Authority

      The conference agreement includes language proposed by 
the Senate providing the Secretary of HHS with the authority to 
transfer up to 1 percent of discretionary funds between a 
program, project, or activity, but no such program, project or 
activity shall be increased by more than 3 percent by any such 
transfer. Additionally, a program, project or activity may be 
increased up to an additional 2 percent subject to written 
approval of the House and Senate Appropriations Committees. The 
House bill included a similar provision, but allowed the 
authority to transfer between appropriations.

                      HIV Research Funds Transfer

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

                 Council on Graduate Medical Education

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

            Smallpox Vaccine Injury Compensation Rescission

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

                        Naming of CDC Buildings

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

                      Power Wheelchair Regulations

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

                    Head Start Transportation Waiver

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

                  Head Start Transportation Regulation

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

              Health Professions Student Loan Rescissions

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

             Department of Health and Human Services Travel

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

                State Pharmaceutical Assistance Programs

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

          Use of Social Security Numbers on Medicare ID Cards

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

                          Rapid Oral HIV Tests

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

                        Telehealth Appropriation

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

                        Dental Workforce Program

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

         Medically Accurate Information in Abstinence Programs

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

            Low-Vision Rehabilitation Services Demonstration

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

             DSH Medicaid Payments to the State of Virginia

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

                         Defibrillation Devices

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

                       Office of Minority Health

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

                           Mosquito Abatement

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

                        Community Health Centers

      The conference agreement does not include a general 
provision proposed by the Senate increasing funding for the 
Community Health Centers program. Funding for the Community 
Health Centers program is included within HRSA. The House did 
not include a similar provision.

                      Health Information Security

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

                  Limitation on Travel and Conferences

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

                         Help America Vote Act

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

                   TITLE III--DEPARTMENT OF EDUCATION


                    Education for the Disadvantaged

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

                               IMPACT AID

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

                      SCHOOL IMPROVEMENT PROGRAMS

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

                       INNOVATION AND IMPROVEMENT

      The conference agreement includes $945,947,000 for 
programs in the Innovation and Improvement account, instead of 
$708,522,000 as proposed by the House and $1,038,785,000 as 
proposed by the Senate.
      The conference agreement includes $21,750,000 for the 
National Writing Project program instead of $20,336,000 as 
proposed by the House and $23,000,000 as proposed by the 
Senate.
      The conference agreement includes $121,000,000 for the 
Teaching of Traditional American History program as proposed by 
the Senate. The House bill proposed $50,000,000 for this 
program. The conferees direct the Department to continue its 
current policy of awarding 3-year grants. The conference 
agreement also includes bill language proposed by the Senate 
that allows not more than 3 percent of the funds available for 
this program to be used for technical assistance. The House 
bill did not include a similar provision.
      The conference agreement includes $14,880,000 for the 
School Leadership program as proposed by the House instead of 
$15,000,000 as proposed by the Senate.
      The conference agreement includes $16,864,000 for the 
Advanced Credentialing program as proposed by the House instead 
of $10,000,000 as proposed by the Senate. The conference 
agreement includes bill language that provides $9,920,000 of 
these funds to the National Board for Professional Teaching 
Standards and $6,944,000 to the American Board for the 
Certification of Teacher Excellence. The Senate bill included 
language that provided $10,000,000 to the National Board for 
Professional Teaching Standards and the House bill did not 
include a similar provision.
      The conference agreement includes $36,981,000 for the 
Credit Enhancement for Charter Schools program as proposed by 
the House. The Senate did not propose funding for this program.

Fund for the Improvement of Education (FIE)

      The conference agreement includes $160,111,000 for the 
Fund for the Improvement of Education instead of $27,000,000 as 
proposed by the House and $387,424,000 as proposed by the 
Senate. The amount included in bill language for the Fund for 
the Improvement of Education provides an additional 
$100,000,000 for the Teacher Incentive Fund, which is described 
later in this section.
      The conference agreement includes funding for the 
following activities authorized under section 5411 of the 
Elementary and Secondary Education Act:

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

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

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

      For Arts in Education, the conferees intend that within 
this total, $7,440,000 is for Very Special Arts and $6,369,000 
is for the John F. Kennedy Center for the Performing Arts. In 
addition, $7,936,000 is for model professional development 
programs for music, drama, dance and visual arts educators and 
$496,000 is for evaluation activities, as outlined by the 
Senate. The remaining $13,392,000 is available to continue 
model arts programs.
      While the conferees applaud the Department's efforts to 
help students learn foreign languages, they remain concerned 
that the Department, using data provided by the e-Language 
Learning System (eLLS), is developing web-based learning 
products that could be used in direct competition with the 
private sector. The conferees understand that, based on the 
President's budget request, the Department had no plans to 
continue this project in fiscal year 2006 using Star School 
funds. However, the conference agreement includes funds for the 
Star Schools program, which has been the primary source of 
funds for this activity. Therefore, the conferees direct the 
Department not to fund any grant that will compete directly 
with the private sector and further direct the Secretary to 
notify the House and Senate Appropriations Committees 15 days 
prior to any Department expenditures related to the eLLS 
project.
      The conference agreement includes $100,000,000 for a 
pilot program to develop and implement innovative ways to 
provide financial incentives for teachers and principals who 
raise student achievement and close the achievement gap in some 
of our Nation's highest-need schools, as proposed in the House 
bill. The Senate bill did not propose funding for this program.
      The conferees intend that the Secretary use not less than 
95 percent of these funds to award competitive grants to local 
educational agencies (LEAs), including charter schools that are 
LEAs, States, or partnerships of (1) a local educational 
agency, a State, or both and (2) at least one non-profit 
organization to design and implement fair, differentiated 
compensation systems for public school teachers and principals 
based primarily on measures of gains in student academic 
achievement, in addition to other factors, for teachers and 
principals in high-need schools. The conferees intend high-need 
schools to have the same meaning as the term is defined in 
section 2312 of the Elementary and Secondary Education Act. The 
conferees further intend that each applicant demonstrate a 
significant investment in, and ensure the sustainability of, 
its project by committing to pay for an increasing share of the 
total cost of the project, for each year of the grant, with 
State, local, or other non-Federal funds.
      The conference agreement includes bill language, modified 
from the House bill, which requires the Secretary to use funds 
for performance-based compensation systems that: consider gains 
in student academic achievement as well as classroom 
evaluations conducted multiple times during each school year 
and provide educators with incentives to take on additional 
responsibilities and leadership roles. In addition, the 
conferees urge the Secretary to give priority to applications 
that demonstrate the majority support of educators for such 
compensation systems.
      The conference agreement also includes bill language, not 
included in either House or Senate bill, which allows not more 
than $5,000,000 to be used to provide schools with assistance 
in implementing this program. The conferees intend that the 
Secretary use these funds for one or more grants to an 
organization or organizations with expertise in providing 
research-based expert advice to support schools initiating and 
implementing differentiated compensation systems, training 
school personnel, disseminating information on effective 
teacher compensation systems, and providing program outreach 
through a clearinghouse of best practices. The conferees also 
urge the Secretary to design an appropriate, long-term and 
rigorous evaluation, using randomized controlled trials to the 
extent practicable, of this program which will be used to 
inform Congress on the results achieved under this program.

Other programs

      The conference agreement includes $24,500,000 for the 
Ready to Learn program instead of $25,000,000 as proposed by 
the Senate. The House bill did not include funding for this 
program. The conferees note that the original intent for the 
Ready to Learn program consisted of two distinct but 
coordinated elements: development of national educational 
programming that supports emergent literacy and other school 
readiness skills and community-based local outreach. The 
purpose of local outreach has been to extend the educational 
impact of the programming as well as to provide practical 
training for parents and educators on how to promote early 
learning and literacy and make responsible choices about 
television viewing. Given the demonstrated track record of the 
outreach component of the Ready to Learn program, the conferees 
believe that broad-based outreach, which capitalizes on the 
strength and reach of public television stations and includes 
local adult training workshops, should continue to be a central 
feature of this program. Therefore, the conference agreement 
includes an increase of $1,188,000 over last year for 
additional support of the outreach project funded during the 
fiscal year 2005 competition.
      The conference agreement includes $4,900,000 for the 
Dropout Prevention program as proposed by the Senate. The House 
did not propose funding for this program.
      The conference agreement includes $32,500,000 for 
Advanced Placement programs instead of $30,000,000 as proposed 
by the House and $40,000,000 as proposed by the Senate.
      The conference agreement does not include language 
proposed in the House bill related to the evaluation of the 
D.C. School Choice Incentive Act of 2003. The Senate bill did 
not include a similar provision.

                 Safe Schools and Citizenship Education

      The conference agreement includes $736,886,000 for 
programs in the Safe Schools and Citizenship Education account 
instead of $763,870,000 as proposed by the House and 
$697,300,000 as proposed by the Senate.
      The conference agreement includes $350,000,000 for Safe 
and Drug-Free Schools State Grants instead of $400,000,000 as 
proposed by the House and $300,000,000 as proposed by the 
Senate.
      The conferees are concerned that the Department of 
Education has neglected to report specific data to Congress as 
required under Section 4122(c) of Title IV, Part A of the No 
Child Left Behind Act. This data is required to be included in 
the State report under Section 4116 of the Safe and Drug-Free 
Schools and Communities program. The report specifically 
requires all States to collect and report to the Secretary, in 
a form specified by the Secretary, the following data: 
incidence and prevalence, age of onset, perception of health 
risk and perception of social disapproval of drug use and 
violence by youth in schools and communities. The conferees 
expect the Department to develop a plan for how it will collect 
the specified data from the States and report it to Congress in 
a timely manner. The plan should be submitted to the House and 
Senate authorizing, appropriations and oversight committees 
within 60 days of enactment of this bill.
      The conference agreement includes $142,537,000 for 
National Programs instead of $152,537,000 as proposed by the 
House and $150,000,000 as proposed by the Senate. The 
conference agreement includes funding for the following 
activities:

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

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

                      English Language Acquisition

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

                           Special Education

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

            Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities

                 AMERICAN PRINTING HOUSE FOR THE BLIND

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

               NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

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

                          GALLAUDET UNIVERSITY

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

                     Vocational and Adult Education

      The conference agreement includes $2,012,282,000 for 
Vocational and Adult Education instead of $1,991,782,000 as 
proposed by the House and $1,927,016,000 as proposed by the 
Senate. The agreement provides $1,221,282,000 in fiscal year 
2006 and $791,000,000 in fiscal year 2007 funding for this 
account.
      The conference agreement includes $9,257,000 for 
Vocational Education National programs, as proposed by the 
Senate. The House included $11,757,000 for National programs.
      The conference agreement includes $569,672,000 for Adult 
Education State Grants as proposed by the House, instead of 
$572,922,000 as proposed by the Senate.
      The conference agreement includes $94,476,000 for the 
Smaller Learning Communities program as proposed by the House. 
The Senate bill did not include funding for this program. The 
conferees agree that these funds shall be used only for 
activities related to establishing smaller learning communities 
within large high schools or small high schools that provide 
alternatives for students enrolled in large high schools. The 
conferees again direct that the Department consult with the 
House and Senate Committees on Appropriations prior to the 
release of program guidance for the fiscal years 2005 and 2006 
Smaller Learning Communities grant competitions. The conferees 
urge that a greater share of the 5 percent set-aside for 
national activities be used to support direct technical 
assistance to grantees through regional laboratories, 
university-based organizations, and other entities with 
expertise in high school reform, and request a report not later 
than January 1, 2006 on its planned use of this set-aside in 
fiscal year 2005. Further, the conferees strongly encourage the 
Department to enter into a jointly funded program with a 
private or public foundation with expertise in designing and 
implementing small schools in order to further leverage the 
Federal investment in smaller learning communities.
      The conference agreement includes $23,000,000 for State 
Grants for Incarcerated Youth Offenders, instead of $24,000,000 
as proposed by the Senate. The House did not include funding 
for this program. The conferees concur with the language 
included in the Senate Report regarding the administration of 
this program.
      The conference agreement does not include funding for 
Community Technology Centers, as proposed by the House. The 
Senate included $4,960,000 for this activity.

                      Student Financial Assistance

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

                       Student Aid Administration

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

                            Higher Education

      The conference agreement includes $1,970,760,000 for 
Higher Education instead of $1,936,936,000 as proposed by the 
House and $2,112,958,000 as proposed by the Senate. The 
conference agreement does not include bill language as proposed 
by the Senate regarding the use of funds to develop a strategic 
plan for foreign student access to American colleges and 
universities. The House bill did not include similar language.

Aid for institutional development

      The conference agreement includes $95,873,000 for 
Hispanic Serving Institutions as proposed by the House instead 
of $100,823,000 as proposed by the Senate. The conference 
agreement also includes $11,904,000 for Alaska and Native 
Hawaiian Institutions as proposed by the Senate instead of 
$6,500,000 as proposed by the House.

Fund for the improvement of postsecondary education

      The conference agreement includes $22,211,000 for the 
Fund for the Improvement of Postsecondary Education instead of 
$49,211,000 as proposed by the House and $157,211,000 as 
proposed by the Senate.

Other programs

      The conference agreement includes $836,543,000 for TRIO 
as proposed by the House instead of $841,543,000 as proposed by 
the Senate.
      The conference agreement includes $306,488,000 for the 
GEAR UP program, the same level proposed by both the House and 
the Senate. The conferees intend that funds be awarded on an 
annual basis and that the Department consult with Congressional 
committees of jurisdiction prior to new grant competition 
announcements. The conference agreement provides a sixth and 
final year award to grantees first funded in 2001, while 
continuing all other funded projects. The conferees also intend 
that these funds are available to eligible 2000 grantees that 
opt to apply for new grant awards servicing a cohort no later 
than seventh grade, and are allowed to continue assisting 
students who have not yet completed the program through high 
school graduation.
      The conference agreement includes sufficient funds for a 
GEAR UP competition in fiscal year 2006 for new partnership 
awards. The twin goals of GEAR UP are to ensure that low-income 
students are academically prepared for college and that they 
receive scholarships to enable them to actually attend college. 
Accordingly, the conferees encourage the Department to give 
consideration in the 2006 GEAR UP competition to partnerships 
that, in addition to providing early intervention services, 
guarantee college scholarships to GEAR UP students.
      The conference agreement includes $41,000,000 for Byrd 
Honors Scholarships and $6,944,000 for demonstrations in 
disabilities as proposed by the Senate. The House did not 
propose funding for these activities.
      The conference agreement includes $60,500,000 for the 
Teacher Quality Enhancement Grants program. The House and 
Senate proposed $58,000,000 for this program.
      The conference agreement includes $2,000,000 for the 
Underground Railroad program instead of $2,204,000 as proposed 
by the Senate and $2,976,000 for Thurgood Marshall Scholarships 
instead of $3,500,000 as proposed by the Senate. The House did 
not propose funding these activities.
      The conference agreement also includes $980,000 for 
Olympic Scholarships as proposed by the House. The Senate bill 
did not provide funding for this program.

                           Howard University

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

                    Institute of Education Sciences

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

                        Departmental Management

      The conference agreement includes $415,303,000 for 
Departmental program administration instead of $410,612,000 as 
proposed by the House and $411,992,000 as proposed by the 
Senate. The agreement also includes $49,000,000 for the Office 
of the Inspector General as proposed by the House instead of 
$49,408,000 as proposed by the Senate.
      The conferees concur with the views expressed in the 
House report with regard to the Communities Can program and its 
role in enhancing integrated and coordinated services for 
children with disabilities and their families. The conferees 
request that the plan of action for carrying forward this 
activity be provided to both the House and Senate 
Appropriations Committees. The Senate did not include similar 
language.
      The conference agreement concurs with language contained 
in the Senate report regarding the proposed reorganization of 
the regional office structure within the Rehabilitation 
Services Administration. Therefore, the conferees request a 
report that describes the steps taken to reach out to 
stakeholder groups on this issue; a detailed plan for ensuring 
that policy guidance, technical assistance and program 
monitoring will be of higher quality and more timely than 
currently available; and the specific performance goals under 
the proposed reorganization for frequency of monitoring visits, 
and timeliness and relevancy of technical assistance, compared 
to the actual performance under the current administrative 
structure. The conferees expect to receive this report not 
later than 60 days after enactment of this Act, but encourage 
the Department to make it available as soon as possible. The 
House report expressed similar concerns, but used different 
language.
      The conferees are concerned that the Department, in 
implementing Reading First and other programs authorized by the 
No Child Left Behind Act, which are required to implement 
activities that are backed by scientifically based research, 
may not be effectively helping States and local educational 
agencies implement program studies. The conferees therefore 
request the Secretary to submit a report to the House and 
Senate Committees on Appropriations within 30 days of the 
enactment of this Act, on the actions that program offices have 
taken or will take, effective this fiscal year, in the 
selection, oversight, and evaluation of grantees, to ensure 
that grantees effectively implement such research-based 
programs, including close replication of the specific elements 
of these programs.

                     TITLE III--GENERAL PROVISIONS


                          Pell Grant Shortfall

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

                  Mississippi Band of Choctaw Indians

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

                               Impact Aid

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

                          Violence Prevention

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

         Assessment of Education Progress Tests in U.S. History

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

                      Dropout Prevention Programs

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

                      Advanced Placement Programs

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

       Thurgood Marshall and Office of Special Education Programs

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

                         Federal Trio Programs

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

              Education Programs Serving Hispanic Students

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

                       TITLE IV--RELATED AGENCIES


             Corporation for National and Community Service

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

        Domestic Volunteer Service Programs, Operating Expenses

      The conference agreement includes $316,212,000 for the 
Domestic Volunteer Service programs as proposed by the Senate 
instead of $357,962,000 as proposed by the House.

National Senior Volunteer Corps

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

Program administration

      The conference agreement includes funds for the 
administration of the Domestic Volunteer Service of America 
program administration in the NCSA account as proposed by the 
Senate.

      National and Community Service Programs, Operating Expenses


                     (INCLUDING TRANSFER OF FUNDS)

      The conference agreement includes $520,087,000 for the 
programs authorized under the National Community Service Act of 
1990, instead of $518,087,000 as proposed by the House and 
$546,243,000 as proposed by the Senate. The conference 
agreement includes $267,500,000 for AmeriCorps State and 
National operating grants, as proposed by the House instead of 
$280,000,000 as proposed by the Senate. The conference 
agreement includes $140,000,000 for the National Service Trust 
instead of $146,000,000 as proposed by the House and 
$149,000,000 as proposed by the Senate. The conference 
agreement includes $16,445,000 for subtitle H fund activities 
instead of $9,945,000 as proposed by the House and $15,945,000 
as proposed by the Senate. The conference agreement includes 
$27,000,000 for AmeriCorps National Civilian Community Corps as 
proposed by the Senate instead of $25,500,000 as proposed by 
the House. The conference agreement includes $37,500,000 for 
Learn and Serve as proposed by the House instead of $42,656,000 
as proposed by the Senate.

AmeriCorps Grants Program

      The conferees concur with language proposed by the Senate 
to keep the Committees better informed of the recipients 
receiving AmeriCorps funding. The conferees direct the 
Corporation to publish in its fiscal year 2007 budget 
justifications a list of recipients that have received more 
than $500,000 from the Corporation, delineated by program, and 
the amount and source of both Federal and non-Federal funds 
that were received by each recipient.

Innovation, assistance and other activities

      Within the $16,445,000 for innovation, demonstration, and 
assistance activities, the conference agreement includes 
$4,000,000 for Teach for America and $2,000,000 for Communities 
in Schools, Inc., as proposed by the Senate.

AmeriCorps National Civilian Community Corps

      The conference agreement includes $27,000,000 for the 
NCCC and within this amount, $1,500,000, as proposed by the 
Senate, is to conduct an evaluation of current NCCC site 
placement and expansion of new sites in the Southern and 
Midwestern United States, in accordance with the report issued 
on March 1, 2005.

                         Salaries and Expenses

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

                      Office of Inspector General

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

                  Corporation for Public Broadcasting

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

               Federal Mediation and Conciliation Service

      The conference agreement includes $43,031,000 for the 
Federal Mediation and Conciliation Service (FMCS) instead of 
$42,331,000 as proposed by the House and $43,439,000 as 
proposed by the Senate.
      The conference agreement includes $400,000 for FMCS 
Labor-Management Grants Program instead of $500,000 as proposed 
by the Senate. The House bill did not include funding for this 
program. The 1978 Labor-Management Cooperation Act authorized 
the Agency to encourage and support joint labor-management 
committees. This program awards grants to encourage these 
committees to develop innovative joint approaches to workplace 
problems and solutions.
      The conference agreement includes $300,000 for the FMCS 
program to prevent youth violence.

                Institute of Museum and Library Services

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

                         [Dollars in thousands]

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

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

                     National Council on Disability

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

                     National Labor Relations Board

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

                       Railroad Retirement Board

                      LIMITATION ON ADMINISTRATION

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

             Limitation on the Office of Inspector General

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

                     Social Security Administration

                  Supplemental Security Income Program

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

                 Limitation on Administrative Expenses

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

                      Office of Inspector General

                     (INCLUDING TRANSFER OF FUNDS)

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

                      TITLE V--GENERAL PROVISIONS

         Use of Appropriated Funds for Publicity and Propaganda

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

                         Sterile Needle Program

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

                   Use of Federal Funds for Abortions

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

                           Conscience Clause

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

                          Embryo Research Ban

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

                      Veterans' Employment Report

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

                        Limitation on Libraries

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

                         Limitation on Schools

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

                         Reprogramming of Funds

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

               Immigration and Nationality Act Amendment

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

               Scientific Advisory Committee Appointments

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

                         CMS General Provision

      The conference agreement does not include the general 
provision proposed by the Senate prohibiting the use of funds 
for drugs approved to treat erectile dysfunction. The House 
bill included a similar provision, but with slightly different 
language. The conferees instead include a provision that was 
not contained in either the House or Senate bill which reduces 
CMS Program Management funding by $60,000,000. Funding for 
research, demonstration and evaluation and State survey and 
certification are not to be included in this reduction.

                       Availability of MMA Funds

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

    Limitation of Funds for Sexual or Erectile Dysfunction Treatment

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

                         CPB Funding Amendment

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

                      Education OIG Determination

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

                            PBGC Limitation

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

                         Immigration Limitation

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

                              NIMH Grants

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

                          Mexican Totalization

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

                      Higher Education Limitation

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

                  Limitation, Directive, or Earmarking

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

                      Diversity Visa Fairness Act

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

                       Port of Entry Designation

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

                        Risk Assessment Estimate

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

                  Internal Revenue Service Outsourcing

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

                          CONFERENCE AGREEMENT

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


                   Conference Total--With Comparisons

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

                        [In thousands of dollars]

New budget (obligational) authority, fiscal year 2005...    $501,344,992
Budget estimates of new (obligational) authority, fiscal 
    year 2006...........................................     596,122,425
House bill, fiscal year 2006............................     601,642,273
Senate bill, fiscal year 2006...........................     612,406,934
Conference agreement, fiscal year 2006..................     601,643,301
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      2005..............................................    +100,298,309
    Budget estimates of new (obligational) authority, 
      fiscal year 2006..................................      +5,520,876
    House bill, fiscal year 2006........................          +1,028
    Senate bill, fiscal year 2006.......................     -10,763,633

                                   Ralph Regula,
                                   Ernest Istook, Jr.,
                                   Roger F. Wicker,
                                   Anne M. Northup,
                                   Kay Granger,
                                   John E. Peterson,
                                   Don Sherwood,
                                   Dave Weldon,
                                   James T. Walsh,
                                   Jerry Lewis,
                                 Managers on the Part of the House.

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

                                  
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